r     .•  ■).'■ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


-    lis    i  10 


1.8 


■•25      1.4   1 1.6 

M 

6"     

► 

V] 


<^ 


'-;' 


Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  873-4503 


o 


«?. 


CIHM/ICMH 

Microfiche 

Series. 


CiHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  nnicroreproductions  historiques 


Technical  and  Bibliographic  Notas/Notas  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
origir^al  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  mav  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


0 

D 

D 
D 
D 

D 


0 
D 


n 


Coloured  covers/ 
Couvertura  da  couleur 


Covers  damaged/ 
Couvertura  endommagie 

Covers  restored  and/or  laminated/ 
Couverture  restaur^  st/ou  pelliculie 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  gAographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


r~n    Coloured  plates  and/or  illustrations/ 


D 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Relii  avac  d'autres  documents 


Tight  binding  may  causa  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serree  peut  causer  de  I'ombre  ou  de  la 
distorsion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  ita.t  possible,  ces  pages  n'ont 
pas  M  fiim^s. 

Additional  comments:/ 
Commentaires  supplimentaires; 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'll  lui  a  iti  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-itre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithoda  normale  de  filmage 
sont  indiqute  ci-dessous. 


r~n    Coloured  pages/ 


D 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagies 

Pages  restored  and/oi 

Pages  restaur^es  et/ou  pelliculies 

Pages  discoloured,  stained  or  foxe( 
Pages  dicolories,  tacheties  ou  piquies 

Pages  detached/ 
Pages  ditachees 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  inigale  de  I'impression 

Includes  supplementary  materi« 
Comprend  du  materiel  suppl^mentaire 

Only  edition  available/ 
Seule  Edition  disponible 


I — ]  Pages  damaged/ 

r~n  Pages  restored  and/or  laminated/ 

r~y]  Pages  discoloured,  stained  or  foxed/ 

[~n  Pages  detached/ 

r~7|  Showthrough/ 

r~n  Quality  of  print  varies/ 

r~n  Includes  supplementary  material/ 

r~n  Only  edition  available/ 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata.  une  pelure, 
etc.,  cnt  M  filmAes  A  nouveau  de  facon  ^ 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ca  document  est  filmi  au  taux  de  reduction  indiqui  ci-dessous. 


10X 

14X 

18X 

22X 

2SX 

30X 

J 

12X 


16X 


20X 


24X 


28X 


32X 


Th«  copy  film«d  her*  has  b—n  raproducad  thank* 
to  tha  ganarositv  of: 

Library  off  tha  Public 
Archivas  off  Canada 


L'axamplaira  film*  f ut  reproduit  grica  A  la 
gAnAroaiti  da: 

La  bIbllothAqua  das  Archivas 
publiquas  du  Canada 


Tha  imagaa  appaaring  hara  ara  tha  baat  quality 
poaslbia  conaidaring  tha  condition  and  lagibility 
off  tha  original  copy  and  in  kaaping  with  tha 
ffilming  contract  spacif  Ications. 


Original  copias  in  printad  papar  covara  ara  filmad 
baglnning  with  tha  ffront  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illuatratad  Impraa- 
sion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copias  ara  ffilmad  baglnning  on  tha 
ffirst  paga  with  a  printad  or  illuatratad  impraa- 
sion,  and  anding  on  tha  laat  paga  with  a  printad 
or  illuatratad  impraaaion. 


Tha  last  racordad  fframa  on  aach  microficha 
shall  contain  tha  symbol  —^>(  moaning  "CON- 
TINUED"), or  tha  symbol  y  (moaning  "END"), 
whichavar  applias. 


Laa  imagaa  auh/antaa  ont  At*  raproduitas  avac  la 
plua  grand  aoin,  compta  tanu  da  la  condition  at 
da  la  nattatA  da  l'axamplaira  ffiimA,  at  an 
conformity  avac  laa  conditions  du  contrat  da 
filmaga. 

Laa  axamplairas  originaux  dont  la  couvartura  an 
paplar  aat  imprlmte  sont  filmte  •n  commandant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
darnlAra  paga  qui  comporta  una  amprainta 
d'Impraaaion  ou  d'illustration,  soit  par  la  sacond 
plat,  aalon  la  cas.  Tous  las  autraa  axamplairas 
originaux  aont  ffilmte  an  commandant  par  la 
pramlAra  paga  qui  comporta  una  amprainta 
d'Impraaaion  ou  d'illuatration  at  an  tarminant  par 
la  darnlAra  paga  qui  comporta  una  talla 
amprainta. 

Un  daa  aymbolaa  sulvanta  apparattra  sur  ia 
darnlAra  imaga  da  chaqua  microfficha,  salon  la 
caa:  la  aymbola  — ►  aigniffia  "A  SUiVRE",  la 
symbola  ▼  aigniffia  "FIN". 


Mapa,  plataa,  charts,  ate.  may  ba  filmad  at 
diffffarant  raduction  ratios.  Thosa  too  larga  to  ba 
antiraly  includad  in  ona  axpoaura  ara  filmad 
baglnning  in  tha  uppar  laft  hand  cornar,  lafft  to 
right  and  top  to  bottom,  aa  many  fframaa  as 
raquirad.  Tha  ffollowing  diagrams  illustrata  tha 
mathod: 


Laa  cartaa,  pianchaa,  tablaaux,  ate,  pauvant  Atra 
ffllmte  A  daa  taux  da  reduction  difffArants. 
Lorsqua  la  documant  aat  trop  grand  pour  Atra 
raprodult  an  un  aaul  cliche,  II  aat  film6  A  partir 
da  I'angia  supAriaur  gaucha,  da  gaucha  A  droita, 
at  da  haut  •n  baa,  an  pranant  la  nombra 
d'imagaa  nAcaaaaira.  Las  diagrammas  suivants 
illuatrant  la  m6thoda. 


1 

2 

3 

32X 


1 

2 

3 

4 

5 

6 

'■■} 


yir. 


VINDICATION 


OB'  run 


RIGHTS  AND  TITLES, 


POLITICAL  AND  TERRITORIAL, 


OF 


ALEXANDER,  EARL  OF  STIRLING  &  DOVAN, 


HEREDITARY  LIEUTENANT  GENERAL 


AND 


LORD  PROPRIETOR  OP  CANADA    AND    NOVA  SCOTIA. 


BY  JOHN  L.  HA\ES, 

COnNol^LOB    AT    LAW. 


WASHINGTON: 

Q-IBEON  &  CO.,  PRINTERS. 
1853. 


M 


f\ 


ALl 


VINDICATION 


OF    THE 


RIGHTS  AND  TITLES, 


POLITICAL  AND  TERRITORIAL, 


OP 


ALEXANDER,  EARL  OF  STIRLING  &  DOVAN, 


AMD 


LORD  PROPRIETOR  OP  CANADA  AND  NOVA  SCOTIA. 


BY  JOHN  L.  HAYES, 

COUNBEtLOB    AT    LAW. 


WASHINGTON: 

GIDEON  &  CO.,  PRINTERS. 

1853. 


A  countfy  larger  than  Great  Britain  and  France  united  was 
given,  in  the  early  part  of  the  17th  century,  with  powers  almost 
regal,  to  Sir  William  Alexandar,  of  Menstrie,  a  descendant  of 
Somerled,  king  of  the  Isles. 

But  Sir  William  Alexander  was  less  distinguished  for  birth 
than  for  ability  and  accomplishments.  An  ornament  of  the 
court  of  James  the  6th,  of  Scotland,  who  called  him  his  philo- 
sophical poet,  he  followed  that  Prince  to  London,  and  publish- 
ed a  volume  of  poems  which  placed  him  in  the  highest  rank 
among  Scotch  poets.  He  was  created  a  knight,  a  gentleman 
of  the  chamber,  and  a  privy  councillor.  From  that  moment 
he  renounced  literary  glory  to  occupy  himself  with  politics 
and  government. 

James  1st  had  granted  letters  patent  to  a  company  for  the 
establishment  of  an  English  colony  in  North  America;  but  this 
company,  terrified  at  the  difficulty  of  the  enterprise,  wished  to 
give  it  up,  when  Sir  William  Alexander,  more  courageous, 
obtained  a  grant  of  Nova  Scotia,  with  the  title  of  Hereditary 
Lieutenant,  by  charter  dated  Windsor,  10th  September,  1621. 

In  a  few  years  Sir  William  Alexander  was  made  a  Scotch 
peer,  as  Lord  Alexander  of  TuUibodie,  Viscount  of  Canada, 
Viscount  and  Earl  of  Stirling  and  Earl  of  Dovan,  and  in- 
vested with  immense  territories  in  the  new  world  and  large  es- 
tates in  Scotland. 

The  following  royal  charters  under  the  great  seal  were  grant- 
ed to  the  Earl  of  Stirling,  and  were  recognised  and  confirmed 
by  act  of  Parliament  in  the  presence  of  King  Charles  the  1st. 
These  are  all  on  record  at  Edinburgh: 

10th  September,  1621.    Original  charter  of  Nova  Scotia. 


VINDICATION   OK  LORD   STIRLING. 


12th  July,  1625.  Charter  of  i.'Jovo  Damus  of  the  lands, 
lordship  Lnd  barony  of  Nova  Scotia. 

3d  May,  1627.  Charter  of  the  country  and  dominion  of 
New  Scotland. 

2d  February,  1 628.  Original  charter  of  Canada,  including 
fifty  leagues  of  bounds  on  both  sides  of  the  River  St.  Lawrence 
and  the  Great  Lakes. 

There  were  other  patents  and  charters,  among  them  letters 
patent  of  April  22d,  1636,  "for  a  tract  of  Maine  and  the  Island 
of  Stirling,  (Long  Island,)  and  islands  adjacent;"  and  the  char- 
ter of  Novo  Damus,  dated  7th  December,  1639,  which  was  a 
re  grant  of  all  the  lands  and  ht>nors  which  the  Earl  had  at  any 
time  received  from  James  1st  and  Charles  1st.  This  charter 
is  the  only  one  attempted  to  be  disputed.  But  its  existence  is 
wholly  unnecessary  to  support  the  present  Earl's  title  to  the 
lands  and  honors. 

These  charters  gave  the  Earl  of  Stirling  vast  political  and 
administrative  powers.  He  was  made  his  Majesty's  hereditary 
lieutenant  general  over  the  whole  countries  of  Nova  Scotia  and 
Canada.  He  was  also  made  justice  general,  high  admiral, 
lord  of  regality,  and  hereditary  steward.  The  power  was  con- 
ferred upon  him  of  making  officers  of  state  and  justice,  of  con- 
ferring titles  of  honor,  of  coining  money,  and  the  privilege  of 
making  laws  concerning  the  public  stale,  good  and  government 
of  the  country.  He  had  the  power  of  appointing  one  hundred 
and  fifty  baronets,  called  Baronets  of  Nova  Scotia,  who  were 
to  take  precedence  of  all  other  baronets.  Under  this  power  the 
first  Earl  actually  made  over  one  hundred  baronets;  nearly 
fifty  of  the  present  baronets  in  Great  Britain  hold  their  titles 
from  patents  granted  by  the  first  Earl  of  Stirling. 

It  is  proper  to  remark  that  the  expenses  of  the  first  coloniza- 
tion had  already  been  incurred  by  Sir  William  Alexander  be- 
fore the  first  charter  of  10th  September,  1621,  was  granted  by 
James  1st,  and  that  is  the  reason  alleged  in  the  charter  for  the 
grant:  <'For  these  causes,  as  well  as  on  account  of  the  faithful 


VINDICATION   OP  LORD   STIRLING. 


and  acceptable  service  of  our  beloved  councillor,  Sir  William 
Alexander,  knight,  to  us  rendered  and  to  be  rendered,  who, 
first  of  our  subjects,  at  his  own  expense,  endeavored  to  plant 
this  foreign  colony,  and  sought  out  for  colonization  the  divers 
lands  circumscribed,  &.C.,  we  do  grant,  &c." 

This  immense  grant  was  therefore  not  a  mere  favor;  it  was 
a  reward  for  efforts  made  and  expenses  incurred  in  colonizing 
these  great  wastes  of  the  new  world. 

Soon  after  obtaining  the  charter  of  10th  September,  1621, 
the  Earl  devoted  the  whole  of  his  large  fortune  to  the  enter- 
prise of  colonization,  where  every  thing  was  to  be  created;  and 
the  grant  is  less  extraordinary  siflce  the  King  had  no  money  in 
his  treasury,  nor  a  navy,  which  was  only  created  in  the  time  of 
Cromwell.  The  country  was  inhabited  by  savages  and  threat- 
ened by  France,  which  claimed  it  by  reason  of  the  discovery 
of  Canada  by  Jaques  (^artier  in  1534.  The  paramount  claim 
of  the  English  crown  was  founded  on  the  discovery  of  the  con- 
tinent of  North  America  by  Sebastian  Cabot  in  1497,  who  took 
possession  in  the  name  of  Henry  7th.  The  vast  expenses  of 
colonizing  and  fortifying,  all  carried  on  under  the  superinten- 
dence of  the  Earl's  eldest  son,  who  inhabited  during  twelve 
years  Port  Royal,  in  Nova  Scotia,  as  governor  of  the  new  col- 
ony, was  worthy  olF  recompense;  and  when,  through  the  ina- 
ability  of  the  King  to  aid  the  Earl,  the  country  at  length  fell 
into  the  hands  of  the  French,  <J'10,000  sterling  was  granted  to 
compensate  him  for  his  losses.  This  grant  expressly  stated, 
"it  is  no  wise  for  quitting  the  title,  rights,  or  possession  of  New 
Scotland,  or  any  part  thereof,  but  only  for  the  satisfaction  of 
the  losses  aforesaid."  This  sum  has  never  been  paid,  and  is 
still  due,  with  interest  thereon,  to  the  heirs  of  the  first  Earl. 

Through  the  surrender  just  mentioned  Nova  Scotia  became 
Acadia,  and  only  finally  returned  to.  England  at  the  peace  of 
1763. 

During  the  French  occupation  Lord  Stirling  and  his  sons 
vainly  attempted  resistance.    The  rights  of  the  family  were 


VINDICATION   OP  LORD   STIRLINU. 


necessarily  suspended.  Nevertheless,  in  the  various  negotia- 
tions and  treaties  between  England  and  Prance,  they  have 
been  repeatedly  brought  forward  by  England  in  support  of  her 
claim  of  sovereignty ;  the  royal  charters  and  legislative  acts  in 
favor  of  the  Earl  of  Stirling  and  his  heirs  being  her  strongest 
ground  of  argument.  The  British  Government  produced  these 
charters  before  the  late  King  of  the  Netherlands,  when  he  sat 
as  arbitrator  on  the  question  of  the  northeastern  boundary. 

The  troubles  which  desolated  the  three  kingdoms  during  the 
17th  century,  overturned  rights  and  titles  of  property,  ruined 
some  ancient  families,  and  impoverished  others.  The  rich  do- 
mains of  the  Stirlings  in  Sc(^land,  partly  on  account  of  debts 
incurred  by  the  family  to  carry  out  the  schemes  of  colonization, 
and  partly  on  account  of  the  civil  and  i:eligious  agitations  of  (hat 
period,  passed  into  other  hands. 

Before  proceeding  to  detail  the  circumstances  which  have 
occasioned  the  delay  in  the  assertion  of  the  claims  of  the  Stir- 
ling family,  we  will  very  briefly  allude  to  the  fact  that  during 
the  last  century  pretensions  were  vainly  set  forth  to  the  lands 
and  titles  of  this  family.  Canada  was  otill  under  the  French 
rule  when,  in  1758,  William  Alexander,  afterwards  a  general 
in  the  American  army  during  the  revolution,  appeared  in 
Great  Britain,  and,  assuming  the  title,  presented  himself  as 
heir  to  the  lands  and  honors.  Gen.  Alexander  was  probably 
descended  from  some  one  of  the  many  Alexanders  of  the  clan 
brought  to  Nova  Scotia  by  the  first  Earl  of  Stirling,  all  of  whom 
were  driven  to  the  south  by  the  French.  The  tradition  of 
relationship  to  the  Earl  doubtless  induced  him  to  set  up  his 
claim.  It  is  sufficient  here  to  say,  that  he  took  up  the  title  and 
bore  it  without  having  gone  through  the  proper  legal  steps  or 
formalities  to  support  it,  and  that  he  did  not  claim  to  descend 
from  the  first  Earl,  but  from  a  supposed  uncle,  which  descent 
could  have  given  him  no  title  to  the  lands  or  honors.  He  pre- 
sented his  claim  to  the  House  of  Lords,  which  no  Scotch  peer 
was  required  to  do;  but  the  fact  of  the  existence  of  lineal  de- 


VINDICATION  OF  LORD  STIRLINQ. 


scnndanta  of  the  finst  Earl,  who  were  then  mere  youths  in  col- 
lege, being  notorious,  the  House  of  Lords  rejected  his  claim. 
He  re-embarked  for  America,  where  he  died  without  issue  male, 
in  1783. 

The  last  male  descendants  of  William,  first  Earl  of  Stirling, 
were  in  consequence  of  the  civil  wars,  religious  troubles,  pro- 
scriptions, confiscations,  and  revolutions  which  agitated  Eng- 
land during  more  than  a  csntury,  a  Presbyterian  minister  at 
Birmingham,  who  died  in  1766,  a  man  greatly  honored  for  his 
piety;  and  Benjamin  Alexander,  8th  Earl  of  Stirling  dejure,  a 
learned  physician  who  died  in  London  in  1768.  The  rights 
of  Benjamin  passed  to  his  eldest  eister,  for,  by  the  Scottish  law 
of  descent,  as  well  by  the  limitations  of  the  charters,  the  eldegf^ 
heir  female  of  the  last  heir  male  takes  the  inheritance.  This 
sister  dying  unmarried  in  1764,  the  rights  finally  passed  to  ano- 
ther sister,  Hannah  Alexander,  de  jure  2nd  Countess  of  Stir- 
ling. The  last  heiress  of  the  titles  and  rights  of  the  house  of 
Stirling,  married  in  1769  William  Humphrys  of  the  Larches, 
in  Warwickshire.  Of  this  marriage,  out  of  eight  children,  three 
only  survived,  Alexander  9th  and  present  Earl,  and  two  daugh- 
ters. 

Thus  the  rights  of  the  family  were,  during  fifty  years,  in  fe- 
male heirs,  or,  in  other  words,  during  that  period  the  circum- 
stances of  the  family  were  such  that  no  steps  could  be  taken  to 
pursue  rights  which,  without  being  disregarded  or  contested, 
required  to  be  established .  But  before  the  transmission  of  these 
rights  to  females,  John  and  Benjamin  Alexander  were  too  ex- 
clusively occupied  with  their  education  and  establishment  in 
their  professions  even  to  take  up  their  rank.  The  earlier  as- 
sumption of  the  honors  of  the  family  was  prevented  by  other 
obvious  reasons. 

1st.  Because  the  old  Scotch  estates  had,  during  the  civil  wars, 
been  seized  by  others,  who,  thus  powerful,  were  ready  to  de- 
fend t(iem  at  all  hazards. 

2d.  Because  Canada  and  Nova  Scotia  were  only  fully  re- 
stored to  England  at  the  peace  of  1763,  a  short  time  previous 


8 


VINDICATION  OP  LORD  STIRLING. 


1 


I  ' 


to  the  deaths  of  both  John  and  Benjamin,  last  heirs  male  of  the 
first  Earl. 

3d.  Because  the  papers  of  the  family  had  been  scattered, 
lost,  or  stolen. 

4th.  Because  during  the  wLrs  between  England  and  France 
under  the  republic,  the  present  Earl  and  his  father  were  de- 
tained in  France  as  prisoners  of  war  with  thousands  of  English, 
and  it  was  only  after  a  detention  of  twelve  years,  and  after  mak- 
ing many  efforts  to  recover  considerabi-^.  sums  of  money  which 
had  been  confiscated  there,  that  he  returned  in  1815  to  his  own 
country. 

6th.  Finally,  because  it  was  necessary,  before  commencing 
cio  important  an  affair,  to  have  ample  means,  which  though 
abundant  at  first  might  become  insufficient  in  the  case  of  a 
long  resistance. 

As  soon  as  the  necessary  arangements  were  completed,  the 
present  Earl  of  Stirling  proceeded  to  take  thfe  proper  meas- 
ures for  the  re-establishment  and  acknowledgment  of  his  rights. 

He  was  fortified  with  evidence  to  prove  the  descent  of  the 
titles  and  lands,  as  follows  : 

William,  the  first  Earl,  died  in  February,  1640,  and  was 
succeeded  by  his  infant  grandson,  the  only  son  of  his  deceased 
eldest  son,  William,  2d  Earl.  He  survived  his  grandfather  six 
months,  and  died  under  eight  years  of  age.  He  was  succeed- 
ed by  his  uncle  Henry,  third  Earl,  who  was  the  eldest  surviv- 
ing son  of  the  first  Earl;  Henry,  third  Earl,  died  in  1644, 
and  was  succeeded  by  his  only  son,  Henry,  fourth  Earl. 
Henry,  fourth  Earl,  died  in  1690,  leaving  four  sons,  Henry, 
eldest  and  fifth  Earl,  William,  Robert,  and  Peter,  who  died 
before  their  eldest  brother.  At  the  death  of  Henry,  fifth  Earl, 
without  issue  in  1739,  the  succession  went  to  Rev.  John  Al- 
exander, grandson  and  heir  male  of  John,  fourth  son  of  the 
first  Earl,  who  died  in  Ireland,  in  1666.  The  Rev.  John 
Alexander,  sixth  Earl  de  jure,  died  at  Dublin,  1st  November, 
1743;  four  years  after  the  death  of  Henry,  fifth  Earl.    The 


VINDICATION   OP  LORD   STIRLING. 


9 


rs  male  of  the 


sen  scattered, 


Rev.  John  Alexander,  sixth  Earl  de  jure,  left  four  children, 
John,  7th  Earl  of  Stirling  de  jure,  who  died  unmarriti,  29th 
December,  1765.  Benjamin,  eighth  Earl  de  jure,  who  died 
unmarried,  18th  April,  1768.  Mary,  countess  of  Stirling  de 
jure,  who  succeeded  upon  the  extinguishment  of  ajl  the  heirs 
male,  and  died  unmarried,  April  28th,  1794;  Hannah,  second 
countess  of  Stirling,  wife  of  William  Humphrys,  who  died 
12th  September,  1814.  Upon  the  death  of  his  mother,  Alex- 
ander, the  ninth  and  present  Earl  both  de  ficto  and  de  jure, 
succeeded  to  the  titles  and  estates  of  the  family. 

We  do  not  propose  here  to  furnish  the  evidences  of  descent, 
or  to  detail  historically  and  in  the  order  of  time,  the  steps  which 
were  taken  by  the  present  Earl  of  Stirling  to  establish  his 
rights.     We  propose  to  show  that — 

I.  It  has  been  judicially  established,  by  courts  of  compe- 
tent jurisdiction  that  the  present  Earl  of  Stirling  is  lineally 
descended  from  the  first  Barl  of  Stirling,  and  the  real  heir  to 
his  title  and  estates. 

II.  The  title  and  position  of  the  present  Earl  of  Stirling 
have  been  officially  recognised  on  the  most  solemn  occasions 
in  England  and  Scotland. 

I.  Judicial  recognition. 

By  the  Scottish  law  certain  judicial  proceedings  are  particu- 
larly and  especially  provided  for  the  trial  of  the  fact  of  heir- 
ship. He  who  is  truly  heir  of  a  deceased  person,  before  he 
can  have  au  active  title  (o  the  estate  which  was  in  his  ances- 
tor, must  be  served  and  retoured  heir  by  an  inquest.  These 
services  proceed  upon  a  brief,  called  a  brief  of  inquest,  and 
are  of  two  kinds,  general  and  special.  The  general  service 
proceeds  on  a  brief,  issuing  from  the  Scotch  chancery,  di- 
rected to  a  judge  there,  and  must  be  proclaimed  at  the  head 
borough  of  the  jurisdiction  within  which  the  heir  is  to  be 
served.  After  the  expiration  of  fifteen  days,  the  service  is 
tried  before  the  Judge.  The  jury  to  try  the  heirship  consists  of 
fifteen  persons,  wlio  are  sworn  in  by  the  judge  to  act  impar- 
2 


10 


VINDICATION  OF  LORD   STIRLING!. 


tially.  The  apparent  heir  produces  to  the  jury  his  claim  as 
heir,  and  they  may  proceed,  not  only  on  the  evidence  offered 
by  the  claimant,  but  on  the  proper  knowledge  of  any  two  of 
themselves,  for  they  are  considered  both  in  the  light  of 
judges  and  witnesses.  The  point  of  inquiry  is,  whether  the 
claimant  be  the  next  and  lawful  heir  of  the  deceased.  If  it 
appear  to  the  jury  that  the  claim  is  proved,  they  serve  the 
claimant,  i.  e.,  they  declare  him  heir  to  the  deceased  by  a 
sentence,  or  service,  signed  by  the  chancellor  of  the  jury,  and 
attested  by  the  judge.  The  clerk  to  the  service  then  prepares 
a  return  of  the  claim  of  service,  with  the  verdict  of  the  jury  to  the 
chancellor;  which  after  being  thus  recorded  and  rendered  in  the 
chancery  books,  is  called  the  retour.  The  general  service  is  com- 
pleted as  soon  as  it  is  retoured ,  and  carries  to  the  heir  the  complete 
right  of  all  the  heritable  subjects  on  which  the  ancestor  had  not 
taken  seisin.  These  services  are  not  traversibie,  or  cannot  be 
denied,  but  must  be  taken  as  true,  until  by  regular  process  of 
reduction,  at  the  suit  of  a  better  claimant ^  they  are  falsified. 

Lord  Stirling  has  been  returned  by  this  due  form  of  law: 

1st.  On  the  7th  of  February,  1826,  heir  to  his  deceased 
mother,  Hannah,  Countess  of  Stirling,  as  heiress  to  her  bro- 
ther, Benjamin,  eighth  Earl  of  Stirling,  dejure,  who  was  last 
heir  male  of  the  body  of  William,  first  Earl  of  Stirling. 

2dly.  On  the  11th  of  October,  1830,  nearest  and  lawful 
heir  in  general  of  his  great-great-great-grandfather,  William, 
first  Earl  of  Stirling. 

3dly.  On  the  30th  May,  1831,  nearest  and  lawful  heir  of 
tailsie  and  provision  to  his  ancestor,  William,  first  Earl  of 
StirUng. 

When  the  heir  desires  to  perfect  his  title  to  special  subjects, 
in  which  the  ancestor  died  vested  and  seized,  he  obtains  what 
is  called  a  special  service.  The  special  service  proceeds  upon 
a  brief  issued  from  the  chancery,  directed,  in  cases  like  the 
present,  to  the  sheriff  depute  of  Edinburgh,  or  his  substitute. 
The  service  proceeds  in  the  usual  form;  the  jury  of  fifteen 


i: 


VINDICATION  OF  LORD   STIRLING. 


11 


being  appointed,  the  claim  made,  and  the  evidence  offered. 
The  evidence  and  proof  required  are  more  ample  in  this  than 
in  the  general  service.  The  principal  points  to  be  proved  are, 
that  the  ancestor  is  dead,  and  the  precise  time  of  his  death, 
and  that  he  died  seized  of  the  land  specified  in  the  claim,  in 
whose  hands  the  fee  is  at  the  time  of  service,  &>c.  These 
heads  being  proved,  the  jury  serve  the  heir.  An  extract  of 
the  proceedings  returned  into  chancery,  is  said  to  be  the  retour 
of  the  heir's  service. 

4thly.  By  a  special  service,  such  as  has  been  described,  the 
present  Lord  Stirling  was,  on  the  2d  of  July,  1831,  served  as 
nearest  and  lawful  heir  in  special  of  William,  first  Earl  of 
Stirling,  to  take  up  the  fee  of  the  lands  comprised  in  the 
aforesaid  charters. 

The  following  extracts  from  this  important  act  of  court  are 
taken  from  the  records,  register  house,  Edinburgh: 

<<The  10th  of  June,  1831,  a  brief  was  issued  forth  of  his  Ma- 
jesty's chancery,  directed  to  the  sheriff  depute  of  the  sherififdom 
of  Edinburgh,  specially  constituted  as  aforesaid,  at  the  instance 
of  the  said  Alexander,  Earl  of  Stirling,  &c.,  for  precognoscing 
him  nearest  and  lawful  heir  of  the  said  deceased  William, 
Earl  of  Stirling,  his  great-great-great-grandfather,  in  all  and 
sundry  lands,  and  others  in  which  the  said  William,  Earl  of 
Stirling,  died  fast  vest  and  seized  as  of  fee,"  &c. 

"William  Swanston,  oflicer  of  the  said  sherifif,  with  wit- 
nesses, passed  to  the  market  cross  of  the  burgh  of  Edinburgh, 
&,c.f  upon  the  15th  day  of  June  last  passed,  being  a  market 
day,  und  in  open  market  time  duly  and  openly  proclaimed 
and  executed  the  brieves  in  due  form  of  law." 

''On  the  2d  July,  1831,  'within  the  parliament  or  new 
session  house,'  at  Edinburgh,  'in  the  court-room  of  the  first 
division  of  the  court  of  session,  in  presence  of  George  Tait, 
esquire,  sheriff  substitute  of  the  sheriffdom  of  Edinburgh,  as 
sheriflTof  the  sheriffdom  of  Edinburgh,'  &c.  Thomas  Chris- 
topher Banks,  esquire,  as  procurator  and  mandatory  of  the 


11  <>  I 


12 


VINDICATION   OP  LORD   STIRLING. 


: 


11 


■li 


!l 


Earl  of  Stirling,  having  demanded  that  he  should  be  served 
and  cognosced  nearest  and  lawful  heir  of  the  said  deceased 
William,  Earl  of  Stirling,  his  great- great-great-grandfather,  in 
all  and  sundry  the  lands,  continents,  and  islands  situate  and 
lying  in  America,  and  others  therein  particularly  described, 
&c."  "Produced  the  writs  after  mentioned,  viz.,  book  the 
61st  of  the  register  of  the  great  seal,  containing  the  record  of 
a  charter  of  novo  damns,  under  the  said  seal,  of  date  the  12th 
day  of  July,  in  the  year  1625,  made,  given,  and  granted  by 
his  Majesty,  Charles  the  First,  in  favor  of  the  said  William, 
Earl  of  Stirling,  (then  and  therein  named  Sir  William  Alex- 
ander,) of  the  lands,  barony,  and  lordship  of  Nova  Scotia,  in 
America,"  &c.;  "secundo,  extract  registered  instrument  of 
seisin,  following  upon  the  precept  in  the  said  charter,  in  favor 
of  the  said  William,  Earl  of  Stirling,  of  date  29th  of  Sep- 
tember, in  the  said  year  1625,  recorded  in  the  general  register 
of  seisins,  (fcc;  and  lastly,  general  retour  of  the  service  expede 
before  the  bailies  of  the  burgh  of  Canongate,  of  the  said 
Alexander,  Earl  of  Stirling,  as  heir  of  the  said  deceased  Wil- 
liam, Earl  of  Stirling,  his  great-great  great-grandfather,  which 
retour  is  dated  the  11th  day  of  October,  183(i,  and  duly  re- 
toured  to  chancery,"  &c.  Thus,  "the  sheriff  substitute  of 
the  sheriffdom  of  Edinburgh,  as  judge  aforesaid,  caused  the 
said  Lindsay  Rae,  officer  of  the  court,  to  call  peremptorily  and 
openly  in  judgment,  all  parties  having,  or  pretending  to  have, 
interest,  which  being  accordingly  done,  and  none  compearing 
to  object  against  the  service  of  the  said  brieve,  and  lawful  time 
of  day  being  wasted,  the  said  procurator  and  mandatory  pro- 
tested contra  omnes  comparentes,  that  they  should  be  silent 
forever  after;  and  also  desired  that  the  said  claim,  and  writs 
produced  for  verifying  said  claim,  might  be  referred  and  ad- 
mitted to  the  knowledge  of  the  inquest  before  named,  and  the 
said  sheriff  substitute  of  the  sheriffdom  of  Edinburgh,  as  judge 
aforesaid;  finding  the  said  desire  to  be  just  and  reasonable,  he 
admitted  thereof,  and  remitted  the  said  matter  to  the  know- 


ledge of 
said  jud| 
then  ele 
be  their  ( 
and  pub 
produced 
the  said 
judge  afo 
call  agair 
door  of  t 
tending  t( 
none  con 
again  pro 
be  ever ih 
of  inques 
the  moutl 
sutficientl 
cognoscec 
and  lawf\ 
Earl  of  , 
and  sundi 

On  the 
Lord  Stirl 
directed  f 
of  Edinbi 
eluding  N 
ill  the  legj 
and  privil 
ancestors  < 
narily  be  ( 
precept, 
part  of  th 
which  is  c 
Edinburgl 


VINDICATION   OP  LORD   STIRLING. 


13 


ledge  of  the  inquest;  and  who  being  all  solemnly  sworn  by  the 
said  judge,  they  made  faith  de  fideli  administratione,  and 
til  en  elected  the  said  Patrick  Robertson,  Esq.,  advocate,  to 
be  their  chancellor;  and  thereupon  the  said  claim  was  openly 
und  publicly  read,  and  compared  with  the  aforesaid  writings 
produced  for  vouching  and  verifying  thereof;  and  thereafter 
Ihe  said  sheriff  substitute  of  the  sheriffdom  of  Edinburgh,  as 
judge  aforesaid,  caused  the  said  Lindsay  Rae,  officer  of  court, 
call  again  thrice  peremptorily  in  judgment  at  the  most  patent 
door  of  the  said  new  session  house,  all  parties  having,  or  pre- 
tending to  have  interest;  which  being  accordingly  done,  and 
none  compearing  to  object,  the  said  procurator  and  mandatory 
again  protested  contra  omnes  non  comparentes  that  they  should 
be  ever  thereafter  silent;  and  then  they,  the  said  worthy  persons 
of  inquest,  all  in  one  voice  and  without  variance,  by 
the  mouth  of  their  said  chancellor,  found  the  aforesaid  claim 
sufficiently  instructed  and  proven,  and  therefore  served  and 
cognosced  the  said  Alexander,  Earl  of  Stirling,  S^c,  nearest 
and  lawful  heir  in  special  of  the  said  deceased  William, 
Earl  of  Stirling,  his  great-great- great-grandfather ,  in  all 
a?id  sundry  the  lands  and  others  contained  in  the  said  claim, 
tSf'c.,  ^c. 

On  the  8th  of  July,  1831,  in  virtue  of  this  special  service, 
Lord  Stirling  was,  by  precept  from  his  Majesty,  (William  IV,) 
directed  forth  of  his  said  chancery  in  Scotland,  to  (he  sheriff 
of  Edinburgh,  infeft  in  the  whole  county  of  Nova  Scotia,  in- 
cluding New  Brunswick  and  Canada,  and  is  therefore  placed 
in  the  legal  occupation  and  possession  of  all  the  lands,  rights, 
and  privileges  conveyed  by  these  charters,  not  granted  by  his 
ancestors  or  alienated  by  the  Government.     Seisin  must  ordi- 
narily be  taken  on  the  ground  of  the  lands  contained  in  the 
precept.     But,  by  the  charters,  the  American  property  is  made 
part  of  the  county  of  Edinburgh  for  the  purposes  of  seisin, 
which  is  directed  to  be  taken,  and  was  taken  at  the  castle  of 
Edinburgh  as  the  most  conspicuous  place.    This  remarkable 


w 


II  ! 


11  I 


I  I  !   I 

'ini; 


IHI!^ 


14 


VINDICATION  OF  LORD  STIRLING. 


exception  to  the  rule  as  to  taking  seisin  on  the  ground,  is  thus 
alluded  to  in  Erskine's  Institutes,  B.  II, Tit.  Ill,  §  36.  "This 
rule  may,  in  cases  of  necessity,  be  dispensed  with  by  proper 
authority,  as  it  was  in  the  seisin  of  Nova  Scotia  and  Canada 
in  favor  of  Viscount  Stirling,  which,  by  the  King's  special 
appointment,  was  taken  at  the  gate  of  the  castle  of  Edinburgh, 
and  afterwards  ratified  by  Parliament,  1633." 

Thus  all  the  formalities  required  by  the  Scottish  law  have 
been  fulfilled  by  the  present  Earl  of  Stirling.  He  has  per- 
formed every  act  prescribed  by  ancient  Scottish  customs,  not 
only  to  establish  the  fact  of  his  heirship,  but  to  vest  in  himself 
the  actual  possession  of  the  estates  of  his  ancestor.  By  all 
legal  forms  he  has  recovered  his  ancient  patrimony.  He  is  at 
this  moment  in  actual  possession  by  law  of  his  estate  and  title. 

Although  the  verdicts  of  these  four  juries  are  legally  conclu- 
sive as  to  the  question  of  heirship,  we  may  observe,  that  the 
sworn  conclusions  of  these  sixty  men,  who  have  been  called 
to  pass  upon  this  question,  posscsss  the  highest  moral  weight  in 
view  of  their  individual  fitness  for  such  an  investigation.  To 
show  the  character  of  the  men  who  have  passed  their  judg- 
ment upon  Lord  Stirling's  rights,  we  subjoin  a  list  of  the  jury 
on  the  4th  or  special  service. 

4th  or  special  service  2nd  July,  1831,  before  George  Tait, 
Esq.,  sheriff,  substitute  of  the  sheriffdom  of  Edinburgh,  as 
sheriff  specially  constituted,  in  the  court-room  of  the  first  divi- 
sion of  the  court  of  session. 

1 .  Patrick  Robertson,  Esq. ,  advocate,  (now  Lord  of  session,) 
chancellor  of  the  jury. 

2.  James  Welsh,  Esq.,  advocate  of  Edinburgh. 

3.  David  Johnston,  Esq.,  M.  D.  do. 

4.  John  Renton,  Esq.,  writer  to  the  Signet  of  Edinburgh. 
6.  James  Balfour,  Esq.,        do.  do.  do. 

6.  James  McDonell,  Esq.,     do.  do.  do. 

7.  John  Dickie,  Esq.,  do.  do.  do. 

8.  Henry  Ingliss,  Esq.,         do.  do.  do. 


VINDICATION   OF  LORD   STIRLING. 


16 


9.  James  Souber,  Esq.,  writer  to  the  Signet  of  Edinburgh. 

10.  John  Stirling,  Esq.,  accountant  do. 

11.  John  Adams,  solicitor  of  the  Supreme  courts     do. 

12.  John  Philips,        do.      do.  do.  do. 

13.  Thomas  Ranken,  do.      do.  do.  do. 

14.  William  Wallace  Sibbald,  Esq.,  solicitor  of  the  Supreme 
courts  of  Edinburgh. 

15.  Joseph  Low,  writer,  (attorney,)  of  Edinburgh. 

It  is  impossible  to  believe  that  these  fifteen  gentlemen,  two 
of  whom  were  eminent  advocates,  ten  others  lawyers,  well 
known  and  respected,  a  distinguished  physician  of  Edinburgh, 
a  member  of  an  ancient  baronial  family,  and  a  respectable  ac- 
countant, would  '^unanimously,  and  without  variance,''^  have 
sustained  claims  which  had  not  the  strongest  foundation  in  law 
and  justice. 

The  verdicts  of  these  juries  have  not  been  finally  reversed, 
reduced  or  set  aside,  although  most  arbitrary  and  illegal  pro- 
ceedings, of  which  we  shall  speak  hereafter,  have  been  com- 
menced for  this  purpose  at  the  instance  of  the  Government. 
Now,  it  is  well  settled,  that  when  a  court  having  competent 
jurisdiction  has  pronounced  upon  the  status,  the  state  or  con- 
dition of  a  person,  the  decree  is  to  be  deemed  of  universal 
authority  and  obligation.  In  suits  at  law  in  the  provinces  or 
in  this  country,  where  Lord  Stirling's  rights  are  brought  in 
question,  it  will  only  be  necessary  for  him  to  produce  authen- 
ticated copies  of  the  records  of  these  services,  and  to  show  that 
he  is  the  person  who  obtained  the  verdicts,  and  the  question  of 
heirship  must  be  taken  as  established. 

II.  Official  recognition. 

Having  shown  the  judicial  recognition  of  Lord  Stirling's 
rights,  we  have  proved  all  that  is  necessary  for  the  assertion 
of  these  rights  in  Great  Britain,  the  British  North  American 
Colonies,  or  (his  country.  But  as  it  may  be  interesting  to 
compare  the  former  official  acts  of  the  authorities  in  England 
and  Scotland  with  the  more  recent  acts  of  the  officers  of  the 


Ml    I 


lill 


.Hi 

m 


•iill 


•n 


ill 

li 

•:i 


16 


VINDICATION   OF  LORD   STIRLING. 


Crown,  we  will  proceed  to  show  that  the  position  and  title  of 
the  present  Earl  of  Stirling  have  been  officiallv  recognised  in 
Scotland  and  England  on  the  most  solemn  occasions. 

Lord  Stirling,  it  must  be  remembered,  is  a  peer  of  Scotland, 
and  his  case  must  be  distinguished  from  a  claim  to  an  English 
peerage.  The  party  who  claims  to  be  an  English  peer  must 
in  all  cases  apply  by  petition  to  the  sovereign  for  his  writ  of 
summons  to  Parliament,  the  English  peers  being  summoned 
singly  by  the  Sovereign's  writs;  whereupon  his  application  is 
referred  to  the  House  of  Lords,  or  it  may  be  to  some  of  the 
judges  or  law  officers.  But  neither  lineal  or  collateral  heirs  of 
Scottish  peerages  are  bound  to  prove  their  right  before  the 
House  of  Lords.  Wallace,  one  of  the  most  eminent  legal  au- 
thorities upon  questions  of  peerage  succession  in  Scotland,  says, 
in  reference  to  Scotch  dignities: 

"Honors  are  not  enjoyed  by  any  person  to  whom  they  de- 
volve under  the  will  or  right  of  inheritance  of  his  ancestor, 
but  are  derived,  by  every  possessor  of  them,  solely  from  the 
favor  of  the  King,  as  if  each  successive  individual  possible  to 
come  into  being,  and  inherit  them,  had  been  distinctly  fore- 
seen, particularly  named,  and  originally  called  in  the  royal 
charter  which  granted  them.  In  consequence,  a  peer  requires 
not  a  service,  a  conveyance,  or  the  using  of  any  form  to  acquire 
a  dignity  that  is  cast  upon  him  by  descent,  but  on  the  death 
of  his  ancestor  is  fully  vested  in  it  merely  by  existence,  and 
may  assume  it  at  pleasure." 

(A  disquisition  on  the  right  of  jurisdiction  in  peerage  succes- 
sions, particularly  in  the  peerage  of  Scotland.) 

The  authority  and  grounds  upon  which  the  Peer  has  taken 
on  himself  the  honors  are  open  to  be  questioned  by  any  one 
who  can  allege,  and,  after  alleging,  clearly  prove,  that  he  or 
she  has  a  nearer  interest  and  better  title  than  the  party,  &c., 
assuming  them. 

Since  the  Union  of  1707,  the  right  in  all  peers  of  Scotland 
of  exercising  peerage  privileges  has  consisted  in  obeying  the 


VINDICATION   OF  LOBD   STIBLING. 


17 


rage  succes- 


Royal  proclamatioa  to  attend  at  Holyrood  House  for  the  elec- 
tion of  sixteen  peers  to  represent  the  whole  body  in  the  Parlia- 
ment of  Great  Britain,  either  on  a  General  Election,  or  on  a 
vacancy  occurring.  The  Royal  proclamation  on  this  occasion 
may  be  compared  with  the  writ  of  summons  of  an  English 
peer  to  Parliament.  If  the  Scotch  peer  takes  his  seat  by 
virtue  of  it,  and  be  not  protested  against,  but  has  his  place  and 
precedence  allowed  him,  the  oaths  administered,  and  his  vote 
received  unanimously  by  the  Lords  present,  he  is  to  all  intents 
and  purposes  invested  in  the  enjoyment  of  his  peerage  honors, 
as  much  and  as  perfectly  as  an  English  peer,  who  shall  have 
taken  his  seat  in  the  House  of  Lords  under  a  writ  of  summons 
without  counter  claim  of  any  other  peer  objecting  thereto,  or 
pretending  better  right. 

In  pursuance  of  the  Scottish  law,  usage,  and  precedent,  Lord 
Stirling,  having  taken  advice  of  learned  counsel  as  to  the  course 
to  be  pursued,  publicly  resumed  his  title  on  the  second  of  June, 
1825.  The  peers  of  Scotland  were  commanded  by  Royal 
proclamation  to  assemble  at  the  Palace  at  Holyrood  House  on 
the  second  of  June  following,  to  elect  one  of  the  sixteen  rep- 
resentative peers.  The  Rarl  of  Stirling  set  off  for  Edinburgh, 
and  appeared  at  the  day  of  election.  It  was  well  known t-^ 
the  peers  assembled  that  the  Rev.  John  Alexander,  of  Dublin, 
sixth  Earl,  grandfather  of  the  present  Earl,  was  entitled  to  his 
rank,  so  that  as  soon  as  Lord  Stirling  announced  himself  as 
his  grandson,  he  was  congratulated  on  the  resumption  of  his 
title.  He  was  received  at  Holyrood  House  as  a  peer,  and 
was  immediately  ushered  into  the  private  room  to  wait  there, 
with  the  other  peers,  the  time  of  proceeding  to  the  gallery. 
When  the  Lord  Provost  and  magistrates  entered  to  announce 
that  all  was  ready  for  forming  the  procession  to  the  gallery,  the 
Earl  of  Glasgow  stepped  forward,  and  gave  the  strongest  proof 
of  his  own  feelings,  as  well  as  those  of  the  other  peers  present, 
by  requesting  that  he  would  take  precedence  as  the  premier , 
by  the  date  of  the  creation  of  his  Earldom,  among  those  asaem- 
3 


18 


VINDICATION   OP  LORD   STIRLING. 


I 


II! 


I 


I    i 

i-l! 


bled.  Lord  Stirling  took  his  place  at  the  table,  and  on  being 
called,  took  the  onths,  and  voted  without  protest  or  objection 
of  any  kind,  which  proves  that  his  rights  were  already  ac- 
knowledged by  public  opinion.  He  gave  his  vote  fur  Viscount 
Strathallan,  who  was  elected. 

Since  that  period  the  Earl  of  Stirling  has  voted  at  several 
general  elections,  exercising  all  the  privileges  of  the  peerage, 
and  triumphing  without  difficulty  over  the  ill  will  of  a  very 
small  number  of  hostile  peers,  whom  the  recognition  o*"  his 
rights  alarmed,  on  account  of  the  Scottish  estates  of  his  family 
which  had  long  before  passed  into  other  hands.  On  the  list  of 
sixty-four  peers,  who  voted  at  the  general  election  of  the  se- 
cond of  September,  1830,  the  Earl  of  Stirling  is  inscribed  be- 
tween the  Earl  of  Dumfries  and  the  Earl  of  Elgin,  and  this 
list,  transcribed  from  the  register  of  Edinburgh,  was  printed 
in  London  by  order  of  the  House  of  Lords. 

We  again  find  the  Earl  of  Stirling  set  down  after  the  Earl  of 
Lauderdale  upon  the  list  of  the  sixty-one  peers  of  Scotland 
who  voted  at  the  general  election  of  3d  June,  1831  ;  a  list 
which  was  also  printed,  and  which  like  the  preceding  is*  ex- 
tracted "from  the  records  of  the  general  register  house  of  his 
Majesty  at  Edinburgh." 

Pmally,  in  the  great  roll  of  the  peers  of  Scotland,  extracted 
from  the  same  register,  and  containing  159  peers,  (viz.,  the 
Prince  of  Wales,  eleven  Dukes,  three  Marquises,  seventy-Jive 
Earls,  seventeen  Viscounts,  and  fifty-two  Lords,)  the  Earl  of 
Stirling  may  again  be  seen  placed  between  the  Earls  of  Dum- 
fries and  Elgih.  This  general  register  was  drawn  up  by  virtue 
of  an  "order  of  ihe  right  honorable  the  Lords  spiritual  and  tem- 
poral in  Parliament  assembled,  of  the  23d  of  August,  1831 , 
requiring  that  there  be  laid  before  the  House  a  copy  of  the 
union  roll  of  the  peerage  of  Scotland,  and  a  list  of  all  those  peerg 
who  voted  at  all  general  elections  since  the  year  1800."  The 
printing  of  this  roll  was  ordered  by  the  same  House  the  3d 
of  September,  1831. 


VINDICATION  OF  LORD   STIRLING. 


19 


We  therefore  see  on  the  register  of  the  King's  general  reg- 
ister house  at  Edinburgh,  the  Earl  of  Stirling  three  times  en- 
tered upon  the  list  of  the  peers  who  voted  at  one  single  election 
and  at  two  general  elections  in  1825,  1830,  and  1831;  lists 
which  have  been  returned  to  the  upper  House,  and  printed  by 
its  order,  which  are  kept  on  its  records  and  published  in  its 
minutes ! 

We  see  the  Earl  of  Stirling's  name  inserted  npon  the  great 
roll  of  the  peers  of  Scotland,  in  1831 ,  a  roll  inscribed  in  the 
archives  of  the  King  at  Edinburgh,  drawn  up  by  order  of  the 
House  of  Lords,  entered  upon  its  register,  and  transcribed  upon 
its  minutes!  Since  that  period  the  Earl  of  Stirling  has  voted 
again  at  the  general  elections  of  1835  and  1837.  His  name 
is  also  entered  on  the  list  of  those  peers  who  competed  at  those 
elections ;  lists  recorded  in  the  Royal  archives  of  the  upper 
House.  From  these  lists  results  the  proof  that  from  1825  to 
1837,  the  present  Earl  of  Stirling,  always  recognised  in  his 
rights,  voted  during  a  period  of  twelve  years  as  a  peer  of  Scot- 
land without  effective  protest. 

Thus  recognised  by  his  peers,  and  by  the  magistrates  and 
courts  of  Edinburgh,  Lord  Stirling  needed  but  one  recognition, 
that  of  the  Sovereign. 

He  had  already  received  the  recognition  of  Lord  Chancel- 
lor Lyndhurst,  before  whom  he  had  qualified  (in  the  forms 
required  by  law,  where  a  peer  of  Scotland  is  unable  to  attend 
personally  an  election  of  peers)  to  vote  by  signed  list.  Some 
delay  havingbeen  occasioned  by  the  Chancellor's  wish  to  be  fully 
satisfied  of  the  Earl's  right  to  execute  his  peerage  privileges,  and 
his  Lordship  having  summoned  council  to  attend  him,  before  he 
would  sign  the  necessary  certificate,  when  satisfied,  he  wrote 
the  following  note  to  Lord  Stirling  : 

"  The  Lord  Chancellor  presents  his  compliments  to  Lord 
Stirling,  and  has  directed  the  Great  Seal  to  be  affixed  to  the 
writ  certifying  his  Lordship's  having  taken  the  usual  oaths. 


20 


VlWOtCATION  OP  LORD  ttttKLtHQ. 


i 


-I 


■r 


Hi!     If 


m 


The  Lord  Chancellor  will  regret  very  much  if  the  delay  has 
put  Lord  Stirling  to  any  inconvenience.'* 

Qeorge  street  y  'i^th  August  f  1830.  ^ 

Copy  of  the  direction  on  the  envelope  of  the  note — 
"  The  Earl  of  Stirling, 

17  Baker  street, 

Portman  square." 
"Lyndhurst." 
And  sealed  with  his  Lordship's  arms. 

In  1831,  the  highest  law  authority  in  Scotland,  all  the  thir- 
teen Judges,  concurred  with  the  Chancellor  of  England  in  re- 
cognising Lord  Stirling's  rank  and  title.  An  action  was 
brought  by  the  Earl  in  1829  to  recover  a  Scotch  estate.  The 
first  objection,  urged  by  the  defendants  to  the  plaintifTs  right, 
was  that  he  was  not  entitled  to  sue  as  a  Scotch  peer.  The 
case  having  been  argued  before  the  thirteen  judges,  the  Lord 
Chief  Justice  Clerk  (the  presiding  Judge,)  delivered  the  follow- 
ing reasons  and  judgment,  of  the  former  we  give  an  abstract. 

« 

'^t  is  stated  positively  that  ct  the  election  of  1825  he  voted 
without  protest ;  and  in  the  next  place  in  1830,  went  before 
the  Lord  High  Chancellor  of  England  to  take  the  oaths, 
and  was  received  and  qualified  as  a  peer,  and  certainly  has  got 
the  usual  certificates,  and  at  the  last  general  election  his  vote 
was  received  without  protest.        *        *        *        •        • 

<' We  have  pretty  real  evidence  that  my  Lord  Rosebery,  who 
moved  the  resolutions,  (resolutions  upon  which  the  opposition 
of  the  defendants  was  grounded,)  was  convinced,  and  well 
knew  it  did  not  apply  to  a  case  in  this  situation ;  I  have  not  a 
doubt  that  his  Lordship  was  quite  satisfied  that  it  did  not  apply 
to  dormant  peerages,  and  that  they  were  not  the  claims  which 
should  have  been  excluded."  &c.  Then  follows  the  judg- 
ment. 

"Edinburgh,  February  9th,  1831.  The  Lords  having  heard 
counsel  on  the  first  preliminary  defence  against  the  action,  sus- 


VIt7DI0ATI0N  OP  LORD  STIRLING. 


21 


tain  instance  in  the  name  of  Alexander f  Earl  of  Stirling  y  and 
appoint  the  case  to  be  put  on  the  Summar  roll,  that  parties  may 
be  heard  quoad  ultra. 
(Signed)  D.  BOYLE,  J.  P,  Z>." 

Other  judicial  recognitions  of  Lord  Stirling'stitle  were  about 
tlie  same  time  made  in  England.  In  November,  1831 ,  in  an 
action  before  C.J.  Tindal,  of  the  court  of  Common  Pleas, 
where  an  attempt  was  made  to  deprive  Lord  Stirling  of  his 
peerage  privilege  of  filing  common  bail,  and  special  bail  had 
been  insisted  on  by  the  plaintiff,  Sir  Henry  Digby,  the  Chief 
Justice,  Judges  Gaselee,  Bosanquet  and  Alderson,  concurring, 
discharged  the  defendant  from  arrest  without  costs.  The  Chief 
Justice,  after  stating  the  provisions  for  the  peerage  of  Scotland 
as  to  precedence  at  the  election  of  representative  peers,  observ- 
ed that  Lord  Stirling  had  three  times  voted  on  such  occasions; 
first  in  1825,  then  in  1830,  and  last  in  1831;  that  no  objection 
had  been  made  till  the  last  occasion,  when  a  protest  was  made 
against  his  vote;  ''still,  however,  notwithstanding  that  protest 
he  voted,  and  his  vote  was  allowed  to  remain  on  record.  It 
seems  to  me  that  the  circumstance  of  the  protest  does  not  at  all 
add  to  the  invalidity  of  the  title;  but  the  voting  in  defiance  of 
the  protest  rather  has  a  tendency  the  other  way."  The  same 
question  was  also  decided  in  the  same  way  on  a  similar  occa- 
sion by  Lord  Tenterden,  Chief  Justice,  of  the  King's  bench. 

On  the  30th  of  August,  1831,  Lord  Stirling  received  an  of- 
ficial and  deliberate  recognition  of  his  title  from  the  highest 
officers  of  the  realm.  On  the  29th  of  August,  a  few  weeks 
after  receiving  seisin  and  investiture  of  Nova  Scotia  and  Can- 
ada, with  all  the  vice  regal  powers  and  privileges  granted  by 
the  charters,  he  petitioned  the  King  in  council  to  be  allowed  to 
do  homage  at  the  ceremony  of  the  coronation  of  the  King, 
William  the  4th,  as  Hereditary  Lieutenant  and  Lord  Proprietor 
of  Nova  Scotia  and  Canada,  or  that  his  Majesty  would  be  gra- 
ciously pleased  to  dispense  with  the  said  homage  under  a  salvo 
jure  for  any  future  occasion.    This  petition  was  presented  with 


m 


I  i".lltii 


22 


VINDICATION   OF  LORD   STIRLING. 


Ki  'ill! 


ill!  ii 


f 
"i 

■'11:, 


I    11; 


the  knowledge  that  the  arrangement  of  tho  ceremonies  had  al- 
ready been  made.  The  next  day  the  following  letter  was  re- 
ceived: 

"Council  office,  Whitehall,  30  Aug.,  1831. 

"  My  Lord:  I  am  directed  by  the  Lords  of  the  Committee 
of  Council,  appointed  to  consider  of  his  Majesty's  coronation, 
to  acquaint  you  that  hiii  Majesty  has  approved  of  a  ceremonial 
on  the  occasion  of  the  approaching  coronation,  in  which  your 
Lordship  is  assigned  no  part.  I  am  also  to  acquaint  your  Lord- 
ship that  you  are  at  liberty  to  bring  forward  any  claim  of  which 
you  may  deem  yourself  legally  possessed,  upon  any  future  occa- 
sion. 

"I  have  the  honor  to  be,  your  Lordship's  obedient  servant, 
(Signed)  C.  C.  GREVILLE." 

"The  Earl  of  Stirling." 

Thus  the  King  in  council  lecognised  Lord  Stirling  in  the 
most  formal  official  communication  that  could  have  been  made 
on  the  great  occasion  of  his  approaching  coronation,  as  a  peer 
of  Scotland;  and  the  following  extract  from  the  "  Times  news- 
paper,^^ of  31sl  August,  1831,  shows  what  members  of  the 
privy  council  were  present  when  Mr.  Greville  was  directed  to 
write  the  preceding  answer: 

"The  Lords  of  his  Majesty's  most  honorable  Privy  Council 
held  a  meeting  yesterday  afternoon  at  the  council  office  to  make 
arrangements  for  the  coronation  of  their  Majesties. 

"There  were  present  the  Archbishop  of  Canterbury,  the  Bi- 
shop of  London,  the  Lord  Chancellor,  the  Marquis  of  Lans- 
downe.  Earl  Grey,  the  Earl  of  Carlisle,  Viscount  Althorp,  Vis- 
count Melbourne,  the  Marquis  of  Cholmondeley,  Lord  Plun- 
ket,  the  Lord  Chief  Justice  of  the  Common  Pleas,  the  Vice 
Chancellor,  the  Comptroller  of  the  Household,  and  the  Duke 
of  Richmond. 

"Sir  George  Nayler,  Garter  King  of  Arms,  the  Master  of  the 
Loivl  Chamberlain's  Office,  and  the  Surveyor  General  of  the 
Board  of  Works,  were  in  attendance  to  receive  instructions  from 
their  Lordships.    Mr.  Greville  attended  as  clerk  of  the  council." 


VINDICATION  OP  LORD   STIRLING. 


23 


It  must  be  admitted  that  no  recognition  of  a  peer  could  be 
more  complete  and  decisive  than  this  official  act  done  after  de- 
liberation^ upon  a  solemn  public  occasion,  in  the  name  of  the 
King,  by  his  council.  It  cannot  be  recalled,  it  cannot  be  de- 
nied, it  cannot  be  explained  away.  The  proofs  are  in  posses- 
sion and  recorded. 

Lord  Stirling  having  written  to  the  late  Earl  Grey,  as  the 
King's  prime  minister,  on  the  subject  of  his  claims,  in  virtue 
of  the  special  service  and  seisin  which  he  had  obtained,  receiv- 
ed the  following  reply : 

"Downing  street,  Wi  September,  1831. 

"My  Lord:  I  am  desired  by  Lord  Grey  to  acknowledge  the 
receipt  of  your  Lordship's  letter,  and  to  inform  your  Lordship 
that  he  has  transmitted  it  to  Viscount  Goderich,  the  secretary 
of  state  for  the  colonies,  as  it  relates  to  matters  under  that  de- 
partment. 

"Lord  Grey  desires  me  to  express  his  thanks  to  your  Lord- 
ship for  the  terms  of  confidence  and  good  will  towards  his  Ma- 
jesty's Government  which  your  Lordship's  letter  contained. 

"  I  have  the  honor  to  be,  my  Lord,  your  Lordship's  obedient 
servant. 

(Signed)  CHARLES  WOOD." 

"The  Earl  of  StirHng,  «fec. 

This  letter  was  directed  by  Lord  Gray  himself  thus — 

"The  Earl  of  Stirling, 

"20  Baker  street, 

"Portman  square." 
"Grey." 
And  sealed  with  his  Lordship's  small  seal. 

Thus  the  Lord  Chancellor  Lyndhurst,  Earl  Grey,  the  Prime 
Minister,  llic  Lords  of  the  committee  of  council,  in  the  King's 
name  corresponded  officially  with  the  Earl  of  Stirling,  and 
addressed  him  by  his  title.  Thus  was  he  acknowledged  in 
London  as  in  Edinburgh,  in  Downing  street  and  Whitehall  as 
at  Holy  rood. 


VINDICATION   OP  LORD   STIRLING. 


m- 


iii'''';' 

i.li ; 


The  attention  of  the  Government  was  not  yet  roused  to  the 
formidable  extent  of  his  claim,  and  consequently  no  official 
forms  were  omitted  in  the  courteous  expressions  of  the  minis- 
terial communications. 

■  t 

It  is  evident  that  if  at  this  period  the  Royal  charters  had 
conferred  nothing  more  than  titles  of  nobility  and  peerage, 
and  if  the  Earl  of  Stirling  had  limited  his  views  to  obtaining 
the  Government  recognition  of  his  genealogy  and  descent,  as 
well  as  his  title  of  Earl  and  peer  of  Scotland,  he  would  have 
met  with  no  obstacles,  and  his  rights,  already  acknowledged  by 
the  courts,  the  nobility,  and  by  public  opinion,  would  never 
have  been  disputed. 

But  all  was  going  to  change,  and  did  change,  as  soon  as  the 
Earl,  on  the  21st  of  November,  1832,  in  a  petition  to  the  King 
preferred  his  claim  for  the  payment  of  a  sum  of  ten  thousand 
pounds  with  interest,  which  had  been  running  on  for  two  centu- 
ries, and  raised  the  amount  to  the  sum  of  ^110,000  and  upwards, 
due  upon  the  security  of  a  royal  bond  and  letters  patent  of  Charles 
1st  to  the  first  Earl.  This  petition  was  delivered  to  Viscount 
Melbourne  by  Mr.  Burn,  the  solicitor  and  agent  of  Lord  Stir- 
ling. The  minister  at  first  declined  to  present  the  petition  to 
his  Majesty,  alleging  that  Alexander  Alexander,  esq.,  claiming 
to  be  Earl  of  Stirling,  was  not  acknowledged  by  the  House  of 
Lords. 

But  after  a  correspondence  in  which  the  condition  of  the  peti- 
tioner as  a  peer  was  maintained  with  success  by  his  professional 
advisers,  the  minister  yielded  the  point;  and  in  a  letter  addres- 
sed to  Mr.  Burn  by  Lord  Melbourne's  directions,  we  read:  "  I 
am  directed  by  Viscount  Melbourne  to  acknowledge  the  re- 
ceipt of  your  letter  of  the  24th  ultimo,  in  which  you  state  that 
your  client  has  already  petitioned  the  King  in  council,  viz.,  the 
29th  August,  1831,  on  the  occasion  of  the  coronation,  and  on 
the  next  day  had  a  reply  from  the  council  office  under  signa- 
ture of  0.  Greville,  by  direction  of  the  Lords  of  the  committee 
of  the  council;  and  addressed  to  his  Lordship  as  Earl  of  Stir- 


VINDICATION   OF  LORD   BTIRLUKS. 


85 


ling.  The  accuracy  of  this  statement  having  been  ascertamed, 
Lord  Melbourne  has  laid  the  petition  of  your  client,  which  ac- 
companied your  Jetter  of  the  23d  of  November  last,  praying 
the  payment  of  certain  moneys,  which  he  states  to  be  due  him 
as  the  heir  of  his  great-great-great-grandfather,  the  Viscount 
Stirling,  under  letters  patent  of  his  late  Majesty,  King  Charles 
the  First,  before  the  King,  and  the  petition  is  now  referred  to 
the  consideration  of  the  Lords  of  the  Treasury,  to  whom  all 
farther  application  on  this  subject  must  be  addressed. 
"I  am,  sir,  your  obedient  servant, 

J.  M.  PHILLIPS." 
"J.  I.  Burn,  esq." 

A  correspondence  was  without  delay  established  between 
the  Earl  of  Stirling  and  the  Lords  Commissioners  of  the  Treas- 
ury; we  give  a  verbatim  copy  of  the  first  answer  which  was 
addressed  to  the  claimant. 

<'My  Lord:  I  am  commanded  by  the  Lords  Commissioners 
of  his  Majesty's  treasury  to  acquaint  your  Lordship,  in  answer 
to  your  letter  of  15th  ultimo,  that  Government  cannot  entertain 
any  claim  of  the  nature  preferred  by  you,  after  a  period  of  two 
hundred  years. 

'I  am,  my  Lord, 

"Your  Lordship's  most  obedient  servant, 
(Signed)  J.  STEWARD." 

Treasury  chambers,  26tk  March,  1833. 
"The  Earl  of  Stirling." 

The  Lords  of  the  Treasury,  it  will  be  seen,  saw  but  one  ob- 
jection to  make  to  the  demand  of  Lord  Stirling,  that  of  pre- 
scription. Letters  upon  the  same  subject,  addressed  to  Lord 
Stirling  by  his  title,  were  received  from  Mr.  Secretary  Stanly, 
now  Lord  Derby.  Indeed,  Lord  Stirling  has  in  his  possession 
letters  from  all  the  Prime  Ministers  of  England  since  1831,  re- 
cognising his  title  and  treating  him  as  the  Earl  of  Stirling. 
With  Lord  John  Russell  the  correspondence  runs  down  to  the 
recent  date  of  1848,  and  the  Earl  is  always  addressed  by  the 
4 


u 


ec 


fe 


m 


VINDICATION  OP  LORD   STIRLING. 


Premier  as  Earl  of  Stirling.  Now  it  is  impossible  that  titles  not 
really  belonging  to  the  Earl  of  Stirling  could  have  been  given 
to  him  with  such  general  unanimity,  but  through  the  power 
of  a  fact  recognised  by  public  opinion  as  an  inconteatibie 
truth. 

Since  the  period  of  1833,  at  which  time  no  judicial  or  offi- 
cial sanction  seemed  wanting  to  sustain  him  in  his  rank,  or  to 
empower  him  to  assert  effectively  his  rights,  Lord  Stirling  has 
been  constantly  accumulating  new  evidence  in  support  of  his 
rights  of  inheritance.  Since  the  judgments  in  his  favor  already 
mentioned,  no  legal  motive,  no  plausible  pretext,  no  sudden 
doubts,  have  arisen  to  impugn  them.  Why,  then,  is  he  not 
at  this  moment  in  ihe  full  and  undisturbed  enjoyment  of  the 
honors  and  estates  of  his  family?  The  answer  is  obvious.  The 
denial  of  rights,  vice-regal  as  they  are,  extending  over  a  terri- 
tory broader  than  Great  Britain  and  France  united,  affecting 
the  political  relations  of  more  than  two  millions  of  subjects, 
and  covering  the  most  valuable  fisheries  in  the  world,  became 
a  matter  of  political  necessity,  to  the  British  Government.  This 
is  a  necessity  which  with  that  Government  has  in  all  times 
overridden  all  law  and  trampled  on  all  individual  rights.  The 
majesty  of  justice  bows  before  it.  The  press  is  silent  at  its  bid- 
ding, servile  officials  are  ready  to  execute  its  orders,  and  timid 
courts  to  pronounce  its  judgments. 

We  can  only  wonder  that  Lord  Stirling,  having  these  truly 
formidable  rights,  was  not  crushed  at  his  first  appearance  to  as- 
sert them.  The  Government  had  not  yet  reflected  upon  the 
consequences  of  their  recognitions.  We  have  seen  that  the 
petition  addressed  by  Lord  Stirling  to  the  King  for  the  payment 
of  ^10,000,  due  to  him  as  the  heir  of  his  ancestor,  the  first 
Earl,  had  roused  the  ministers  of  state.  Other  proceedings  of 
Lord  Stirling  excited  still  more  alarm.  In  1832,  in  conse- 
quence of  certain  proceedings  in  Parliament  for  the  fnrmation 
of  land  companies  in  the  British  American  provinces,  Lord 
Stirling  presented  a  petition  to  Parliament  to  stop  such  proceed- 
ings, as  interfering  with  his  rights.    This  petition  was  ordered 


iiiiii 


Vindication  of  lord  Stirling. 


2T 


rnment.  This 


to  be  printed.  A  short  time  previously  to  this  he  had  filed  a 
bill  in  chancery  against  the  lessees  of  the  company  called  the 
Nova  Scotia  Mining  Company,  who  had  become  possessed, 
under  modern  grants  by  Parliament  to  the  Duke  of  York,  of 
portions  of  the  Nova  Scotia  estates.  The  bill  stated  fully  the 
several  rights  and  powers  of  Lord  Stirling  to  call  upon  the  par- 
ties to  account  to  him  for  the  proceeds  of  their  mining  and  col- 
liery operations,  and  to  show  by  what  title  they  held  possession 
of  the  property.  Lord  Stirling  thus  publicly  asserted  his  rights 
to  the  Nova  Scotia  estates,  and  distinctly  put  his  own  rights  in 
issue.  The  Crown  was  made  a  party  to  this  suit.  There  was 
a  stronger  reason  than  usual  in  this  case  for  the  accustomed  de- 
lays in  chancery,  and  the  suit  is  still  pending.  These  acts  of 
Lord  Stirling  fully  called  the  attention  of  the  ministers  to  the 
extent  of  the  charters  of  donation.  The  case  created  the  great- 
est anxiety  in  the  cabinet,  and  several  honorable  members  of 
the  Government  were  disposed  to  meet  the  case  with  fairness, 
and  compromise  with  Lord  Stirling  for  the  surrender  of  his 
rights. 

At  this  time,  in  1833,  great  discontent  prevailed  in  the  Can- 
adas.  Addresses  to  the  Canadians  and  Nova  Scotians,  impru- 
dendy  prepared  by  Lord  Stirling's  agents,  were  extensively 
circulated  in  the  colonies.  The  Government,  on  the  one  hand, 
were  fearful  of  increasing  the  discontent  in  the  colonies  by  com- 
promising with  Lord  Stirling,  as  important  political  rights  and 
privileges  were  secured  to  the  colonists  by  the  charters.  On 
the  other  hand,  they  were  unwilling  that  those  rights  and 
privileges  should  accrue  to  the  colonists  through  the  acknow- 
ledgment of  Lord  Stirling's  rights  by  the  Government.  It  was 
therefore  resolved  to  hang  up  the  case  by  fictitious  suits,  and 
give  the  impression  that  Lord  Stirling's  rights  had  not  been  ju- 
dicially established. 

The  Government  was  incited  to  this  course  by  other  influ- 
ences. Soon  after  Lord  Stirling  appeared  in  Scotland,  all  the 
wealthy  members  of  the  collateral  branches  of  the  family,  and 


t'*a 


VINDICATION  OF  LORD  STIRLING. 


Others  in  possession  of  the  Bn^ish  and  Scotch  estates^  which 
were  endangered  by  his  appearance,  met  together  to  consider 
the  expediency  of  uniting  with  him  for  the  purpose  of  compro* 
mise.  On  calculating  the  chances  of  his  success  with  a  limited 
fortune,  against  powerful  opposition,  sustained  by  ample  means, 
it  was  decided  to  oppose  him.  All  the  influence  of  these  par- 
ties was  brought  to  bear  upon  the  Government,  and  immense 
sums  were  afterwards  pledged  by  them  to  the  law  agents  of  the 
Crown  on  condition  that  they  should  defeat  Lord  Stirling's 
titles  to  his  lands  and  honors. 

In  May,  1833,  an  action  at  the  suit  of  the  officers  of  state  for 
Scotland  was  brought  in  the  Scottish  courts  for  the  purpose  of 
challenging  and  reducing  Lord  Stirling's  services  as  heir  of  the 
first  Earl.  And  here  we  may  observe,  that  it  never  has  been 
denied  by  the  Government  that  the  real  heir  to  the  first  Earl  of 
Stirling  is  entitled  to  the  vast  possessions  in  America  granted 
by  the  charters.  The  existence  of  the  charters  could  not  be 
denied.  The  claim  of  prescription  has  been  found  untenable. 
They  could  only  justify  themselves  by  denying  the  heirship. 
This  appears  from  all  the  documents  and  correspondence  in 
Lord  Stirling's  possession,  and  is  confirmed  by  a  letter  of  the 
recent  date  of  1846,  addressed  to  the  present  Earl  by  his  accom- 
plished law  agent,  Mr.  Lockhart.    He  says: 

"It  has  never  been  seriously  made  a  question  whether  your 
Lordship  has  a  right  to  the  dominium  utile  of  Canada,  all  ex- 
cepting such  portions  of  it  as  were  the  subject  of  grants  by  the 
first  Earl." 

We  assert,  without  fear  of  contradiction,  that  the  suit  of  the 
officers  of  state  to  reduce  Lord  Stirling's  services  was  brought 
in  palpable  violation  of  law.  The  cji.cers  of  state,  represent- 
ing the  Crown,  had  no  right  :.■■>  sue.  It  is  a  principle  of  the 
law  of  Scotland,  that  "the  Crown  refuses  no  vassal."  The 
attempt  of  the  Crown  to  reduce  the  services  is  a  violation  of 
that  principle.  It  is  established  by  the  Scotch  law  that  a  party 
who  has  no  title  to  oppose  a  service  during  its  progress,  is  not 


VlMMtOAlBON  OP  LORD  StlRtlNd. 


2d 


entitled  to  pursue  a  reduction  of  it  after  it  has  been  retoured. 
It  is,  further,  a  well  established  rule,  that  no  party  can  chal- 
lenge a  service  unless  he  has  a  competing  brieve  claiming  to 
be  served  in  the  same  character  to  the  same  ancestor.  No  one 
who  does  not  claim  to  be  entitled  to  be  served  as  heir,  can  chal- 
lenge a  service,  or  bring  an  action  for  its  reduction.  It  is  clear 
that  the  Crown,  not  being  a  competing  heir  in  blood,  wanted 
the  legal  tide  to  compete.  Finally,  the  Crown  had  renounced 
all  right  to  interfere  with  Lord  Stirling  by  clauses  of  the  royal 
charters,  such  as  follow: 

"  Which  lands  and  privileges, jurisdiction,  Sfc,  specially 
and  generally  abovimentioned,  together  with  all  right,  title, 
S^c,  which  we,  or  our  predecessors  or  successors  have  had,  or 
any  way  can  have,  claim,  or  pretend  thereto,  ^c.  We,  with 
advice  foresaid,  6^c.,  of  new,  give,  grant,  and  dispone  to  the 
foresaid  Sir  William  Alexander,  and  his  heirs  and  assignees, 
heritably  for  ever;    renouncing  and   exonerating  the 

SAME  SIMPLICITER  WITH  ALL  ACTION  AND  INSTANCE  HERE- 
TOFORE   COMPETENT  TO   AND   IN   FAVOUR   OF  THE    SAID  SiR 

William  Alexander  and  his  heirs  and  assignees,  as 
icellfor  non-payment  of  the  duties  contained  in  their  original 
infeftments,  as  for  non-performance  of  due  homage,  conform 
thereto,  or  for  non-fulfilment  of  any  point  of  the  said  original 
infeftment,  or  for  commission  of  any  fault  or  deed  of  omis- 
sion or  commission  prejudicial  thereto;  and  tvhereby  the  said 
original  infeftment  may  in  any  way  be  lawfully  impugned 
or  called  in  question,  for  ever  acquitting  and  remitting 

THE  same  SIMPLICITER  WITH  ALL  TITLE,  ACTION,  INSTANCE, 
AND  INTEREST,  HERETOFORE  COMPETENT,  OR  THAT  MAY  BE 
COMPETENT  TO  US,  AND  OUR  HEIRS  AND  SUCCESSORS,  RE- 
NOUNCING THE  SAME  SIMPLICITER,  JURE   LITE  ET  CAUSA  CUM 

PACTO  DE  NON  PETENDo,  a7id  with  Supplement  of  all  defects, 
as  well  not  named  as  named,  which  we  will  to  be  held,  as 
expressed  in  this  our  present  charter.     To  be  holden  in  free 


t«. 


30 


VINDICATION  OF  LORD   STIRLING. 


blench  farm,  as  said  is,  and  dispensinsi'  with  non-entry,  when- 
soever it  shall  happen  in  manner  foresaid.^  ^ 

Notwithstanding  the  morally  impregnable  position  upon 
these  points  of  law  and  fact,  and  the  proofs  of  his  descent,  the 
court  of  session  decided  to  reduce  the  services.  Lord  Stirling 
immediately  appealed  to  the  House  of  Lords.  The  case  came 
on  for  hearing  in  the  House  of  Lords  on  the  first  of  March, 
1845.  After  it  had  been  argued  by  Lord  Stirling's  leading 
counsel,  who  maintained — 1st,  that  the  Crown  had  no  right 
to  bring  the  action  of  reduction;  2ndly,  that  the  pedigree  was 
established;  3rdly,  that  the  case  was  taken  up  witaout  hearing 
during  Lord  Stirling's  absence  on  the  continent;  4thly,  that 
extraordinary  proceedings  had  been  adopted  to  prevent  a  fair 
trial  of  the  whole  case;  Lord  Brougham,  in  the  presence  of 
three  ex-chancellors,  none  of  whom  dissented,  distinctly  stated, 
that  the  court  of  session  ''had  no  right  to  find  that  Lord  Stir- 
ling was  not  the  lawful  and  nearest  heir  in  general  and  special 
of  the  first  Earl,"  that  "the  Crown  had  no  right  to  bring  the 
action,"  and  that  ''Lord  StirHng  had  a  good  defence  on  that 
head,"  and  that  the  acts  of  the  court  were  arbitrary  and  op- 
pressive. On  proceeding  with  the  case,  it  was  found  that  one 
of  the  interlocutors  or  judgments  had  been  omitted  in  the 
appeal,  and  the  hearing  of  the  cause  was  postponed  for  the 
purpose  of  having  the  omission  corrected.  One  great  object  of 
Lord  Stirling's  enemies,  viz.,  "to  make  a  run  upon  his  re- 
sources,'"' (quoting  their  own  words,)  had  by  this  time  been 
effected.  The  enormous  expenses  of  prosecuting  the  case  be- 
fore the  House  of  Lords  prevented  Lord  Stirling  from  proceed- 
ing with  his  appeal.  The  Government  were  willing  enough 
to  have  the  decision  delayed,  and  the  case  is  still  pending 
under  the  title  which  is  in  itself  a  sufficient  recognition  of  Lord 
Stirling's  present  rank. 


"Alexander  Alexander,  Earl  of  Stirling,  appellant, 

and 
The  Officers  of  State  for  Scotland,  respondents 


',nt,l 


VINDICATION   OP  LORD   STIRLING. 


31 


with  every  prospect  of  a  favorable  termination,  when  the  means 
for  prosecuting  the  case  are  provided.  The  facts  in  relation  to 
these  proceedings  have  been  obtained  from  the  printed  records 
of  the  case,  and  the  original  notes  and  letters  of  the  highly 
respectable  Scotchand  English  counsel,  which  have  been  care- 
fully examined  for  this  purpose. 

We  do  not  propose  in  this  rapid  sketch  to  detail  all  the  arbi- 
trary acts  of  the  officers  of  State,  and  the  Scotch  courts,  under 
the  pressure  of  the  political  necessity  to  which  we  have  alluded; 
the  violation  of  the  law,  usage,  and  practice  of  centuries;  the 
rejection  of  evidence:  the  denial  of  the  means  of  legal  authen- 
tication; the  arbitrary  and  illegal  removal  of  an  undecided  case 
from  a  civil  to  a  criminal  court,  the  more  effectually  to  prevent 
proof  being  brought;  and,  finally,  the  arbitrary  decision  of  a 
case  against  Lord  Stirling  without  giving  him  a  hearing,  acts 
which  Lord  Brougham  denounced  as  unprecedented  in  a 
British  court  of  justice.  Of  all  these  we  have  the  proofs,  and 
are  prepared  to  produce  them  when  the  occasion  demands. 
We  shall  not  either  speak  at  length  of  the  infamous  trial  of 
Lord  Stirling  on  the  charge  of  forging  documents,  none  of 
which  had  been  used  in  the  services,  of  which  charge  he  was 
triumphantly  acquitted  by  the  jury  without  leaving  their  seats 
upon  hearing  the  Crown  case  alone,  amidst  the  applauding 
shouts  of  the  people;  who  afterwards,  in  their  exultation,  took 
the  horses  from  the  Earl's  carriage,  and  insisted  on  drawing 
him  to  his  house  in  triumph. 

These  proceedings  will  not  surprise  those  who  are  familiar 
with  English  history.  Notwithstanding  the  acknowledged  pu- 
rity of  the  administration  of  justice  in  Great  Britain  between 
individuals,  yet,  in  cases  of  great  political  emergency,  where  the 
Government  has  felt  that  vital  interests  either  of  jurisdiction 
or  territory  were  involved,  the  whole  weight  of  official  power 
has  been  brought  to  bear  upon  the  determination  of  courts  and 
juries.  Thus  we  have  seen  at  the  instance  of  Government  the 
well  settled  principles  of  the  common  law  disregarded  in  the 
cases  of  Hampden,  Russell,  and  Sydney;  juries  packed  and 


\"-:i 
■■*> 


32 


VINDICATION   or  LORD   STIRUNti. 


perjured,  and  informern  employed  in  the  cases  of  Orr  and 
Fennetrey,  and  even  tlie  counterfeiting  of  the  Government 
paper  money  of  France  sustained  and  sanctioned  by  the  high 
authorities  of  the  realm  as  a  legitimate  means  of  overthrowing 
tlie  finances  of  a  rival  power.  Involving,  then,  as  did  the  case 
of  Lord  Stirling,  rights  political  and  territorial  of  transcendent 
value,  he  might  well  have  anticipated  that  the  whole  power  of 
the  Government  by  means  equally  unjust  would  be  wielded, 
as  they  were,  for  his  destruction.  Here,  however,  the  press, 
uninfluenced  by  Governmental  power,  will  proclaim  the  truth, 
and  insure  to  him  the  sympathy  an(i  support  of  generous  and 
enlightened  men  in  England  and  Ainerica. 

It  is  sufllicient  for  us  on  reviewing  vhese  proceedings  to  say, 
that  Lord  Stirling's  legal  position  is  not  yet  affected.  He  is 
still  Earl  of  Stirling,  and  invested  .with  all  the  rights  and 
estates  of  his  ancestor  in  America.  He  is  in  present  possession, 
and  until  the  final  decision  of  the  House  of  Lords  shall  right- 
fully and  legally  reduce  Iiis  services,  which  cannot  be  done  as 
the  law  stands,  all  grants  and  conveyances  of  estates,  and  what 
may  be  more  important,  of  rights  and  privileges,  must  remain 
valid. 

We  will  now  proceed  to  give  a  statement  of  the  property, 
rights  of  action,  and  privileges  in  the  British  Provinces,  the 
United  States,  and  Great  Britain,  which  may  be  made  availa- 
ble in  whole  or  in  part  to  Lord  Stirling  or  his  assignees  by 
legal  proceedings  sustained  by  sufficient  means,  or  by  compro- 
mise.    They  are  as  follows: 

L  All  the  public  or  unoccupied  lands  in  Nova  Scotia,  New 
Brunswick,  and  Prince  Edward's  Island,  all  which  provinces, 
as  will  be  seen  by  the  charter  of  Novo  damus  of  1626,  are 
included  within  the  limits  of  Nova  Scotia,  "together  with  all 
mines,  as  well  royal,  of  gold  and  silver,  as  other  mines  of  iron, 
lead,  copper,  tin,  brass,  and  other  minerals  whatsoever." 

Title. — Original  charter  of  Nova  Scotia  of  10th  September, 
1621.    The  same  Reg.  Mag.  Sig.,  B.  60,  No.  36. 


VINDICATION   OF  LORD  BTIRLINO. 


33 


Chsixtet  o( Novo damua  o(  12th  July,  1626,  Reg.  Mag.  Sig., 
B.  51,  No.  23. 

Also  seisin  of  Nova  Scotia,  dated  8th  July,  1831;  recorded 
Gen'l  Reg'r  of  Seisins,  vol.  1646,  fol.  102. 

II.  All  the  public  and  unoccupied  lands  of  the  whole  Pro- 
vince of  Canada  amounts  to  at  least  ten  millions  of  acres  of 
good  improvable  lands,  together  with  all  the  mines  and  miner- 
als as  in  the  Nova  Scotia  grant,  embracing  the  valuable  copper 
mines  on  the  Canadian  side  of  Lake  Superior. 

Title.— Charter  of  Canada,  February  2d,  1628;  Reg.  Mag. 
Sig.,  B.  52,  No.  110.  Confirmed  by  act  of  Parliament. 
Seisin,  8th  July,  1831,  Gen'l  Reg'r  of  Seisins,  vol.  1646, 
fol.  HI. 

III.  The  public  lands  in  the  northern  parts  of  Wisconsin 
and  Michigan,  including  all  the  copper  mines  of  Lake  Su- 
perior. These  lands  are  covered  by  the  Canada  charter,  as 
follows:  "We  give  and  grant  to  the  foresaid  Sir  William  and 
his  foresaids  fifty  leagues  of  bounds  on  both  sides  of  the  fore- 
said river  of  Canada,  (now  called  St.  Lawrence,)  from  said 
mouth  and  entrance  to  the  said  head  fountain  and  source 
thereof,  also  on  both  sides  of  said  other  rivers  flowing  into  the 
same;  as  also  on  both  sides  of  the  said  lakes,  arms  of  the  sea,  or 
waters,  through  which  any  of  the  said  rivers  have  their  source, 
or  in  which  they  terminate." 

The  claim  to  these  lands  will  be  the  subject  of  compromise 
with  the  United  States  and  the  various  mining  companies, 
none  of  which  have  had  possession  for  twenty  years. 

Title,  charter  of  Canada. 

IV.  The  public  lands  owned,  or  claimed  to  be  owned  by 
the  States  of  Maine  and  Massachusetts,  within  the  territory  of 
the  State  of  Maine,  including  the  most  valuable  timber  lands 
of  the  State.  The  State  of  Massachusetts  was  offered  with- 
in a  year  over  $600,000  for  her  interest  in  these  lands.  These 
lands  are  covered  by  the  charter  of  Canada.    They  are  also 


*?1 


VINDICATION   OP  LORD   STIRLINO. 


included  in  a  pntent  from  tlie  Plymoiilh  company,  dated  April 
22d,  1835. 

A  portion  of  territory  south  of  the  River  St.  Croix  was  in- 
cluded in  the  original  patent  to  the  Plymouth  company  of  1621 . 
This  conflicted  with  the  grant  of  the  Lordship  of  Canada  to 
Lord  Stirling.  The  company  was  commanded  to  make  over 
that  tract  to  the  Earl  of  Stirling,  which  conveyance  would  ac- 
cresce  to  and  be  corroborated  by  his  Majesty's  previous  grant 
of  the  Lordship  of  Canada.  Accordingly  the  Plymouth  com- 
pany, corporation  or  council  of  New  England,  by  and  with  the 
consent,  direction,  appointment,  &c.,  of  King  Charles,  issued 
letters  patent  to  William  Earl  of  Stirling,  his  heirs  and  assigns, 
dated  22d  April,  1635,  "for  a  tract  of  the  Maine  land  of  New 
England,  beginning  at  St.  Croix,  and  from  thence  extending 
along  the  sea  coast  to  Pemaquid  and  the  River  Kennebeck,"  to 
which  was  added  the  island  of  Long  Island  with  all  the  islands 
thereto  adjacent.  Large  tracts  of  land  on  Long  Island  are 
held  under  this  title,  and  the  deeds  from  the  first  Earl  of  Stir- 
ling's agent  are  found  on  the  ancient  records  of  the  island. 

V.  Claim  to  a  strip  of  country  three  hundred  miles  broad, 
extending  from  the  head  waters  of  Lake  Superior  to  California, 
and  to  the  territory  of  Cahfornia.  The  words  of  the  charter 
of  Canada  are:  "And  in  hke  manner  we  have  given  and  gran- 
ted, and  by  our  present  charter,  give  and  grant,  to  the  foresaid 
Sir  William  Alexander,  and  his  foresaids,  all  and  whole  the 
bounds  and  passages,  as  well  in  waters  as  on  land,  ^rom  the 
foresaid  head,  fountain  and  source  of  the  river  Canada, 
wheresoever  it  is,  or  from  whatsoever  lake  it  flows  down  to 
the  aforesaid  Gulf  of  California,  whatsoever  the  distance  shall 
be  found  to  be,  with  fifty  leagues  altogether,  on  both  sides  of 
the  said  passage,  before  the  said  head  of  the  river  Canada, 
and  Gulf  of  California;  and  likewise  all  and  sundry  islands 
lying  within  the  said  Gulf  of  California;  as  also  and  whole, 
the  lands  and  bounds  adjacent  to  the  said  Gulf  on  the  west 
and  south  y  whether  they  be  found  a  part  of  the  Continent  or 
main  land,  or  an  island  as  it  is  thought  they  are,  which  is 


VINDICATION   OP  LORD    STIRLtNO. 


3(i 


cummonly  called  and  disiinguished  by  the  name  of  Califor- 
nia." 

It  may  be  doubted  whether  the  English  ever  had  a  title  tu 
this  country  by  discovery.  But  it  has  been  claimed  by  them 
from  the  discovery  of  Sir  Francis  Drake,  from  whom  San 
Francisco  was  named.  As  the  United  States  does  not  sell 
any  of  the  public  lands  in  California,  many  persons  would 
without  doubt  be  glad  to  avail  themselves  of  a  title,  such  as  it 
is,  from  Lord  Stirling. 

IV.  Claim  for  o^''I(),()00  against  tbe  British  Government 
with  interest  thereon,  granted  to  the  first  Earl  of  Stirling  by 
letters  patent  from  Charles  I,  in  1632,  as  a  compensation  for 
relinquishing  I*ort  Royal  at  the  King's  command.  The  patent 
is  not  denied  by  the  British  Government,  nor  is  payment  aver, 
red.  They  plead  prescription  in  defiance  of  the  legal  maxim, 
nullum  iempus  occurrit  regi. 

VII.  Proceeds  of  the  mines  of  the  ^ova  Scotia  mining  com- 
pany, now  in  chancery  in  England,  the  same  having  been  en- 
joined by  the  Earl  of  Stirling.  This  suit  is  still  pending. 
The  amount  in  court  cannot  now  be  precisely  stated,  but  it 
exceeds  =^''300,000.  The  sums  include*  n\  the  two  last  claims 
amounting  to  over  two  millions  dollars,  wold  be  most  readily 
available  for  payment  to  Lord  Stiriuig  in  case  of  a  compromise 
with  the  British  Government. 

VIII.  Right  to  the  fisheries  on  all  the  coasts  of  Canada,  No- 
va Scotia,  New  Brunswick,  and  Prince  1  .dward's  Island. 

This  ext  ordinary  right,  so  important  at  this  juncture  to  the 
Unitad  Stau  a  a  political  point  of  view,  and  to  the  people  of 
the  north  as  a  uuans  by  which  they  may  recover  their  ancient 
and  well  earned  privileges,  lost  to  them  by  diplomatic  blun- 
dering in  1818,  demands  a  somewhat  extended  notice. 

It  is  well  known  that  by  the  treaty  of  peace  between  the 
United  States  and  Great  Britain  in  1783,  the  people  of  the 
United  States  secured  from  the  British  Government,  so  far  as 
they  had  the  power  to  dispose  of  it,  the  right  to  catch  fish  on 


36 


VINDICATION   OP  LORD    STIRLING. 


i'  :'' 


m,i 


i; 


the  Grand  Bank,  the  Bank  of  Newfoundland,  in  the  Gulf  of 
St.  Lawrence,  and  in  all  other  places  in  the  sea  where  the  in- 
habitants of  both  countries  used  at  any  time  to  fish. 

By  the  convention  of  1818  the  United  States,  after  obtain- 
ing from  Great  Britain  the  concession  of  the  right  of  fishing  on 
certain  coasts  of  Newfoundland,  on  the  shores  of  the  Magda- 
len islands,  and  the  southern  coast  of  Labrador,  renounced  for- 
ever the  liberty  of  fishing  within  three  miles  of  any  other  part 
of  the  British  coasts  in  America,  or  of  curing  or  drying  fish 
on  them.  The  construction  recently  given  to  this  treaty  by 
the  law  officers  of  the  Crown  is,  that  these  three  miles  are  to 
be  measured  from  headland  to  headland.  By  this  treaty  and 
its  late  construction  our  vessels  are  excluded  from  the  best  fish- 
ing grounds,  particularly  in  the  Gulf  of  St.  Lawrence,  where 
the  greater  number  of  our  vessels  resort.  Our  fishermen  are 
shut  out  from  the  early  spring  and  fall  fisheries,  precisely  those 
of  the  greatest  value  and  most  easily  prosecuted.  To  the  mack- 
erel fishermen  especially  this  restriction  is  ruinous,  as  they  are 
not  allowed  to  follow  the  fish  within  three  miles  of  the  shore, 
within  which  limits  the  largest  schools  are  generally  found. 
The  loss  to  the  fall  fisheries  of  Massachusetts  alone,  in  conse- 
quence of  the  enforcement  of  these  restrictions  by  the  British 
fleet,  last  year,  was  estimated  by  official  returns  at  over  one 
million  of  dollars. 

Amidst  all  the  discussions  of  this  question  in  the  Senate  and 
by  the  press,  no  ingenuity  or  political  sagacity  have  suggested 
any  mode  of  reclaiming  these  rights  so  foolishly  and  ignorantly 
surrendered,  except  by  a  hostile  resumption,  without  any  title 
or  pretext  to  justify  us  to  the  world,  or  by  negotiations  which 
could  hardly  be  effected  without  humiliating  concessions  to 
Great  Britain.  But  by  the  treaty  of  1818  we  renounced  only 
the  rights  of  fishing  which  we  then  claimed.  As  between  our- 
selves only  and  Great  Britain,  we  acknowledged  that  her  title 
was  best.  We  did  not  bind  ourselves  to  defend  that  title  against 
others,  or  not  to  purchase  the  rights  in  question  of  any  party 
who  might  be  found  to  have  a  better  legal  tide. 


VINDICATION   OF  LORD   STIRLING. 


37 


a  the  Gulf  of 
where  the  in- 
sh. 

after  obtain- 

of  fishing  on 

:  the  Magda- 

jnounced  for- 

ny  other  part 

r  drying  fish 

this  treaty  by 

B  miles  are  to 

[lis  treaty  and 

the  best  fish- 

rence,  where 

tishermen  are 

)recisely  those 

To  the  mack- 

s.  as  they  are 

of  the  shore, 

erally  found. 

ne,  in  conse- 

)y  the  British 

at  over  one 

e  Senate  and 

we  suggested 

nd  ignorantly 

lout  any  title 

ations  which 

)nce3sions  to 

lounced  only 

Detween  our- 

that  her  title 

title  against 

of  any  party 


Independently  of  the  title  founded  on  ancient  charters  and 
treaties,  the  natural  right  to  the  fisheries  on  all  the  northern 
coasts  and  islands  belongs  exclusively  to  the  people  of  the 
United  States,  and  more  particularly  the  people  of  New  Kng- 
land.  It  is  not  only  theirs  by  prescription,  but  these  fishing 
grounds  were  won  from  the  French,  not  by  the  soldiers  of  the 
British  Crown,  or  the  people  of  the  Provinces,  which  were 
then  hardly  inhabited,  but  by  New  England  blood  and  trea- 
sure. Our  great  American  historian  informs  us  that  the  old 
French  wars  on  our  northern  continent  were  prosecuted  mainly 
to  secure  for  the  benefit  of  the  French  Crown  the  American 
fisheries,  which  were  deemed  indispensable  for  the  supply  of 
treasure  and  the  maintenance  of  the  navy  of  France.  For 
tiiis  purpose,  for  nearly  a  hundred  years.  New  England  homes 
were  desolated  by  Indian  wars.  The  final  blow  which  pros- 
trated French  power  upon  our  seas,  the  capture  of  Louisburgh, 
commanding  as  it  did  the  waters  of  the  Gulf  of  St.  Lawrence, 
and  the  coasts  of  Nova  Scotia  and  Newfoundland,  was  struck 
by  the  son  of  a  New  Hampshire  fisherman,  at  the  head  of 
New  England  fishermen  and  yeomen.  These  traditions  are 
still  cherished  by  the  firesides  of  the  North,  and  it  is  most 
mortifying  and  irritating  to  the  people  to  see  their  ancient 
fishing  grounds,  won  by  their  fathers'  blood,  guarded  by  a 
British  fleet,  and  to  read  the  re<  ent  laws  of  a  petty  province, 
providing  that  if  any  American  vessel  ''  shall  have  been  found 
fishing,  or  preparing  to  fish,  within  three  miles  of  the  coasts 
and  harbors,  such  vessel  or  boat,  and  the  cargo,  shall  be  for- 
feited." It  cannot  therefore  be  doubted  that  the  public  senti- 
ment of  the  whole  American  people  will  sustain  the  Govern- 
ment of  the  United  States,  or  its  citizens,  in  defending  any 
legal  title  which  will  enforce  or  give  additional  effect  to  their 
natural  rights. 

Now  it  is  most  extraordinary  that  the  charters  of  Nova 
Scotia  and  Canada  give  to  Lord  Stirling,  his  heirs  and  assigns, 
the  complete  right  of  fishing  within  six  leagues  of  the  shore 


38 


VINDICATION    OF  LORD    STIRLING. 


on  precisely  the  coasts  which  we  have  rehnquished;  an  extent 
of  coast  of  over  three  thousand  miles  in  length .  The  charter 
of  Nova  Scotia,  after  giving  the  boundaries  of  the  country 
granted,  including  New  Brunswick,  with  remarkable  accu- 
racy, proceeds  in  these  words:  "  Including  and  comprehend- 
ing within  the  said  coasts  and  their  circumference,  from  sea 
to  sea,  all  the  continents,  with  rivers,  brooks,  bays,  shores, 
islands,  or  seas  lying  near  or  within  six  leagues  of  any  part  of 
the  same,  on  the  west,  north,  or  east  side  of  the  coasts;  and 
from  the  south-east,  where  lies  Cape  Breton,  and  the  south 
part  of  the  same,  where  is  Cape  Sable,  all  the  seas  and  idands 
southward  within  forty  leagues  of  the  said  coasts  thereof," 
&c.  And  the  charter  proceeds  to  grant  to  Sir  William  Alex- 
ander, his  heirs  or  assigns,  among  other  things,  all  "  marshes, 
lakes,  waters,  fisheries,  as  well  in  salt  water  as  in 
FRESH,  of  royal  fishes,  as  of  others,"  &c.,  {"  marrcssiis 
lacubus  aquis  piscationibus  tarn  in  aqua  salsa  quam  recenti 
tarn  regalium  piscium  quam  aliorum.^^)  The  charter 
also  refers  to  undertakings  which  the  grantee  may  make  with 
"divers  of  our  subjects  and  others  who  probably  shall  enter 
into  contracts  with  him  and  his  heirs,  assignees,  or  deputies 
for  lands,  fisheries,"  <fcc. 

If  Lord  Stirling  is  heir  of  Sir  William  Alexander,  as  he  is 
judicially  established  to  be,  the  title  to  the  fisheries  is  in  him, 
and  not  in  the  British  Government,  or  in  the  people  of  the 
British  Provinces.  He  has  the  undoubted  power  of  assigning 
and  transferring  this  right  to  American  citizens,  or  of  granting 
licenses  to  American  fishermen.  And  American  citizens  or 
fishermen,  if  disturbed  in  the  right  thus  acquired,  may  de- 
mand the  protection  of  the  Government  of  the  United  States, 
which  will  be  bound  to  see  if  the  title  is  good,  and,  if  so,  to 
defend  it. 

Lord  Stirling  is  now  in  this  country,  fortified  with  all  the  mu- 
niments of  his  honors  and  estates.  He  comes  here,  not  only 
with  all  the  documents  necessary  to  prove  the  statements  in  the 


of  his 


an  extent 


VINDICATION   V      LORD   STIRLING. 


39 


preceding  pages,  but  with  testimonials  from  the  highest  sources 
in  England  and  France,  as  to  his  personal  character,  which 
give  the  strongest  moral  confirmation  of  the  righteous  fulness 
of  his  cause.  Amidst  all  the  opposition  he  has  encountered, 
the  utmost  malevolence  of  his  enemies  has  never  been  able  to 
throw  a  doubt  upon  his  personal  honor  and  integrity.  Even 
the  ministers,  who  were  interested  to  defeat  him,  acknowledg- 
ed that  they  "knew  Lord  Stirling  was  an  honorable  rnan." 
His  friends  in  his  adversity  rallied  round  him  with  such  letters 
as  the  following  from  Lieut.  Gen.  D'Aguilar,  lately  commander 
in  chief  of  the  British  forces  in  China,  and  now  governor  of  Ports- 
mouth, addressed  to  Lord  Stanly,  now  Lord  Derby: 

*  ♦  <<I  should  do  violence  to  the  best  feelings  of  my  heart 
if  I  did  not  say  that  a  more  conscientious,  moderate  minded, 
honorable  man  than  the  Earl  of  Stirling  does  not  exist,  in  my 
estimation.  I  have  known  him  from  his  earliest  years,  and 
had  the  happiness  of  passing  some  of  the  happiest  days  of  my 
youth  in  the  society  of  his  fiunily,  than  which  none  could  be 
more  respectable  or  more  respected.  I  believe  Lord  Stirling 
to  be  incapable  of  desiring  any  thing  but  the  barest  justice,  and 
know  myself  incapable  of  asking  more."  #  #  # 

Thus  sustained.  Lord  Stirling  comes  among  a  people  of  large 
ideas,  who  will  not  be  astounded  at  the  extent  of  his  rights,  or 
discouraged  at  the  opposition  by  a  Government  which  they  have 
been  educated  to  believe  does  not  scruple  at  the  means  by  which 
it  defends  the  possessions  within  its  grasp.  While  he  is  deter- 
mined to  oppose  none  of  the  vested  prescriptive  rights  of  indi- 
viduals, and  is  ready  to  make  the  most  favorable  arrangement 
with  the  States  whose  titles  to  land  in  this  country  may  conflict 
with  his  own,  he  is  prepared  to  give  most  liberal  grants  to  those 
who  will  aid  him  in  recovering  all  the  ancient  estates  of  his 
family  in  the  British  Provinces.  And  to  give  the  most  striking 
proof  of  his  good  will  to  the  people  of  the  Uniter*  oit^tps,  and 
at  the  same  time  to  put  at  issue  before  the  world  the  question 
of  his  rights,  he  is  ready  at  once  to  grant  to  American  citizens 


%? 


""■.11 


11; 


( ' 


m 


TINDICATION   OP  LORD   STIRLING. 


1 


licenses  to  fish  on  all  the  coasts  of  Canada,  Nova  Scotia,  New 
Brunswick,  and  Prince  Edward's  Island. 


The  writer  of  the  preceding  pages  has  prepared  this  state- 
ment after  a  most  attentive  examination  of  original  and  authen- 
tic documents.  Nothing  has  been  stated  that  these  documents 
will  not  prove.  He  has  deemed  it  unnecepsary  to  weary  the 
reader  by  presenting  cumulative  evidence  in  support  of  the  po- 
sitions above  maintained,  that  Lord  Stirling's  rights  have  been 
judicially  established  and  officially  recognised,  and  that  the 
want  of  his  present  enjoyment  of  them  is  due,  not  to  any  doubt 
as  to  his  heirship  and  identity,  or  the  validity  and  effect  of  the 
charters,  but  to  the  political  consequences  involved  in  reinstat- 
ing him  in  the  ancient  possessions  of  his  family.  Numerous 
letters,  confirmatory  of  the  views  above  presented,  from  noble- 
men of  rank  in  Great  Britain,  and  opinions  of  eminent  counsel 
in  London  and  Edinburgh,  and  of  learned  historians  and  ad- 
vocates in  France  which  might  have  been  referred  to,  have  not 
been  cited.  It  is  believed  that  the  American  public  will  be  sa- 
tisfied with  a  reference  to  a  single  authority,  whose  weight  is 
every  where  acknowledged  in  this  country.  In  the  course  of 
the  examination  of  this  case  the  writer  was  requested  by  Lord 
Stirling  to  call  upon  the  Hon.  Robert  J.  Walker,  late  Secre- 
tary of  the  Treasury,  and  learn  from  him  directly  the  views 
which  he  had  expressed  on  this  subject.  The  matter  having 
been  accordingly  mentioned  by  the  writer  to  Mr.  Walker,  he 
stated  that,  prior  to  his  departure  for  Europe  he  had,  at  the  re- 
quest of  Lord  Stirling,  examined  the  case,  and  although  his 
multiplied  engagements  prevented  his  having  been  profession- 
ally employed  as  counsel  as  Lord  Stirling  desired,  he  (Mr. 
Walker)  entertained  an  undoubted  conviction,  which  was  con- 
firmed by  conversation  relative  to  the  case  with  several  distin- 
guished persons  during  Mr.  Walker's  late  visit  to  England  and 
Scotland,  of  the  heirship,  identity,  and  legal  rights  of  Lord 
Stirling. 


I    ■ 


APPENDIX 


Clinton  of  A.  U.  Lawrence ^  Esq.,  of  Washington,  D.  C, 

Counsellor  at  Law. 

■'      Y-  - 

Bethlehem,  Pa.,  June  23,  1853.      > 
John  L.  Hayes,  Esq.  , 

Washington,  D.  C. 

Dear  Sir:  I  have  received  yours  of  the  21st  inst.  in  respect 
to  the  case  of  Lord  Stirling.  I  had  previously  given  to  the 
legal  questions  a  pretty  thorough  examination,  and  am  con- 
vinced that  the  claims  of  the  present  Earl  are  legally  of  the 
strongest  character.  But  as  the  papers  are  so  voluminous,  and 
the  authorities  so  numerous,  it  would  require  both  time  and 
space  to  write  out  an  opinion  which  would  do  justice  either  to 
one's  self  or  the  case,  I  have  thought  best  merely  to  hint  (for 
the  present)  at  the  points  which  present  themselves  on  a  more 
careful  view. 

As  to  the  authenticity  of  the  grants  to  the  original  Earl  of 
Stirling,  I  suppose  there  can  be  no  rational  doubt.  They  are 
matters  of  undoubted  history. 

The  questions,  then,  as  1  conceive,  are  these:  1st.  Is  the 
present  claimant  of  the  title  and  estate  the  real  heir,  lineally 
descended  from  the  original  grantee?  2d.  If  so,  have  his 
rights  been  lost  by  negligence  or  want  of  possession  ?  There 
are  some  s\|bordinate  questions  embraced  in  these  to  which  I 
shall  presently  allude  ;  but  I  think  it  may  be  safely  assumed 
that  if  the  grants  were  genuine,  and  the  present  claimant  is 
the  heir  of  the  original  grantee,  and  that  he  has  not  lost  his 
rights  by  laches,  that  then  he  has  a  subsisting  legal  title  to  all 
the  lands  included  in  the  grants  which  have  not  been  disposed 
of  by  the  grantee  or  his  heirs. 

1st.  Is  the  present  claimant  the  right  heir  of  the  original 
grantee?  It  appears  from  the  papers  that  the  present  claimant 
obtained  two  verdicts  of  juries  upon  the  question  of  his  heir- 
ship to  that  original  grantee.  Lord  Stirling.  These  verdicts 
were  given  by  juries  summoned  according  to  the  Scottish  law. 
In  a  proceeding  called  (I  think)  the  "  service  of  an  heir,"  a 
jurisdiction  particularly  and  especially  provided  for  the  trial  of 
the  fact  of  heirship,  where  any  question  is  made  as  to  the 
6 


42 


APPENDIX. 


heirship  of  any  one  claiming  to  be  heir  of  another.  In 
Erskine's  Institutes,  and  in  Bell's  Scotch  Law  Dictionary, 
this  proceeding  is  particularly  described  ;  and  from  these  books 
it  will  be  seen  that  it  is  a  special  jurisdiction,  for  the  trial  of 
that  particular  issue.  Now  the  law,  I  think,  is  well  settled, 
that  when  a  court,  having  jurisdiction,  had  pronounced  upon 
the  status  of  an  individual,  it  is  conclusive  as  to  such  status 
everywhere  and  always.  It  is  like  a  judgment  in  rem  in 
admiralty;  or  a  judgment  as  to  the  validity  of  a  marriage,  or 
the  legitimacy  of  a  child,  in  the  ecclesiastical  courts,  (where 
they  have  jurisdiction.)  Indeed,  it  don't  differ  from  the  effect 
of  any  other  judgment,  for  all  judgments  of  competent  courts 
are  conclusive  as  to  the  particular  subjkot  matter  in  con- 
troversy; and  in  the^e  cases  the  subject  matter  is  the  atatus , 
the  validity  of  the  marriage  or  the  legitimacy  of  the  child.  I 
think  this  doctrine  is  laid  down  in  the  Duchess  of  Kingston's 
case,  in  the  State  trials,  20th  volume,  I  believe.  [See  Sto.  Conf. 
Laws,  Foreign  Judgments.]  Of  course  it  will  be  necessary 
for  the  present  claimant  to  show  in  this  country  that  he  is  the 
person  who  obtained  those  verdicts  ;  and  upon  that  the  ques- 
tion of  his  heirship  must  be  taken  as  established. 

2d.  As  to  Lord  Stirling  having  lost  his  rights  by  laches.  In 
the  first  place,  the  grants  themselves,  so  far  as  the  British 
Crown  is  concerned,  have,  by  every  possible  variety  of  phra- 
seology, attempted  to  exclude  every  conclusion  of  fact  or  of 
law  against  the  grantee  fro?7i  not  taking  possession;  so  that 
the  British  Government  at  least  would  be  stopped  from  set- 
ting up  this  objection.  The  country  was  looked  upon  in  the 
grants,  as  it  was  in  reality,  as  a  wilderness,  of  which  no  use 
could  be  made  and  no  actual  possession  taken.  Then  as  to 
the  lands  in  Maine.  We  take  for  granted  that  the  State  will 
relinquish  to  Lord  Stirling  any  of  his  lands  which  she  holds, 
without  insisting  upon  her  immunity  from  being  sued,  if  she 
is  satisfied  that,  in  point  of  law,  the  lands  belong  to  Lord 
Stirling.  As  to  these  lands,  the  statute  of  limitations  of  the 
State  would  be  no  bar;  because,  if  Lord  Stirling  could  sue  the 
State,  he  was  beyond  seas,  and  excepted  from  the  statute. 
If  he  could  not  sue  the  State,  then  he  was  not  loithin  the 
statute,  because  he  had  no  right  of  action  accrued,  which  is 
the  poifit  from  which  statutes  of  limitation  run. 

But,  again,  suppose  that  a  title  to  these  lands  could  have 
been  ac([uired  by  adverse  possession,  still  the  fisheries  would 
not  go  as  parcel  of  that  possession.  The  fisheries  were 
granted  not  as  appurtenant  to  the  lands,  but  as  a  special  per- 
sonal privilege  ;  and  if  they  had  been  granted  as  appurtenant 
to  the  lands,  it  was  a  special  appurtenance  to  the  lands  made 


APPENDIX. 


43 


iianiaffe,  or 


so  by  grant  and  not  by  force  of  law,  and  I  think  could  not  be 
acquired  by  mere  adverse  possession  of  the  lands. 

Upon  the  whole,  I  am  of  opinion  that  the  title  of  the  pre- 
sent claimant  is  sound  in  law,  and  that  he  ought  to  recover 
the  lands,  i  have  written  these  hints  hastily  and  informally, 
though  I  have  bestowed  a  good  deal  of  labor  in  the  examina- 
tion. 

Very  respectfully. 

Your  ob't  servant. 
Signed,  A.  H.  LAWRENCE. 


Ill 

'lii 


Hi: 


[translation.]     - 
INSTRUMENT  OF  SEISIN  ^  -r 

IN   PAYOR   OF 

ALEXANDER,  EARL  OP  STIRLING  AND  DOVAN, 

OF  THE  LORDSHIP  AND  BARONT  OF  NOVA  SCOTIA  IN  AMERICA, 
COMPREHENDING  THE  LANDS,  ISLANDS,  AND  OTHERS,  AFTER 
MENTIONED. 

IN  THE  NAME  OF  GOD,  Amen.  Be  it  known  to  ali  men  by  this  per- 
sent  public  instrument,  That  on  the  8th  day  of  July,  in  the  year  of  our  Lord 
1831,  and  of  the  reign  of  our  sovereign  lord,  William  the  Fourth,  by  the  grace 
of  God  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  King,  Defender 
of  the  Faith,  the  second  year,  In  presence  of  me,  notary  public,  clerk  of  the 
sheriffdom  of  Edinburgh,  and  the  witnesses  subscribing,  appeared  personally 
Ephraim  Lockhart,  writer  to  his  Majesty's  signet,  attorney  for  and  in  name  of 
the  Right  Honorable  Alexander  Earl  of  Stirling  and  Dovan,  great-great-great 

frandson  of  the  deceased  Sir  William  Alexander  of  Menstrie,  Knight,  the  first 
larl  of  Stirling,  whose  power  of  attorney  was  sufHciently  known  to  me,  the 
undersigned  notary-public ;  and  passed  with  us  and  with  Adam  Duff,  E8C[uire, 
advocate,  Sheriff-depute  of  the  sheriffdom  of  Edinburgh,  specially  constituted 
by  the  precept  of  seisin  under  inserted,  to  the  Castle  of  Edinburgh,  where  by 
the  said  precept  seisin  is  to  be  taken  for  all  and  whole  the  country  and  others 
under  mentioned,  having  and  holdino  in  his  hands  the  precept  of  seisin  under 
inserted,  directed  forth  of  our  sovereign  lord  the  King's  chancery  in  favor  of 
the  said  Alexander  Earl  of  Stirling  and  Dovan,, as  nearest  and  lawful  heir 
served  and  retoured  to  the  said  William  Earl  of  Stirling,  his  great-great-great 
grandfather,  for  giving  seisin  to  him  of  all  and  sdndrt  the  lands  and  others 
after  mentioned,  contained  in  the  said  precept  of  seisin  under  inserted  ;  which 
precept  of  seisin  the  foresaid  attorney,  in  the  name  of  the  aforesaid  Alexander 
Earl  of  Stirling  and  Dovan,  exhibited  and  presented  to  the  said  Adam  Duff, 
Sheriff  aforesaid,  and  desired  him  to  proceed  to  the  execution  of  the  said  pre- 
cept of  seisin,  agreeably  to  the  tenor  thereof;  which  desire  the  said  sheriff 
finding  to  be  just  and  reasonable,  he  received  the  said  precept  of  seisin  into  his 
hands,  and  delivered  it  to  me,  the  undersigned  notary-public,  to  be  read,  pub- 
lished and  explained,  in  the  common  speech,  to  the  witnesses  present;  which 
I  did,  and  of  which  precept  of  seisin  the  tenor  follows  in  these  words  : 

•'  WILLIAM  THE  Fourth,  by  the  grace  of  God  of  the  United  Kingdom  of 
'  Great  Britain  and  Ireland,  King,  Defender  of  the  Faith,  to  the  Sheriff  of 
'  Edinburgh  and  his  Bailies,  Greeting.  Forasmuch  as  it  ia  found,  by  an  inquest 
'made  by  our  command,  by  George  Tait,  Esquire,  Sheriff-substitute  of  the 
'  sheriffdom  of  Edinburgh,  as  sheriff  for  that  enect,  specially  constituted,  in 
'  virtue  of  a  commission  under  the  testimonial  of  the  seal,  therein  specified,  and 
'  retoured  to  our  chancery.  That  the  deceased  Sir  William  Alexander  of  Men- 
'  strie.  Knight,  the  first  Earl  of  Stirling,  great-great-great  grandfather  of  the 
'  Right  Honorable  Alexander  Earl  of  Stirling  and  Dovan,  Viscount  of  Stirling 
*  and  Canada,  Lord  Alexander  of  Tullibodie,  &c.,  bearer  hereof,  died  at  the 
'  faith  and  peace  of  the  King,  last  vest  and  seised  as  of  fee  in  all  and  sundry  the 
'  lands,  continents  and  islands  situate  and  lying  in  America,  within  the  head  or 
'  cape  commonly  called  Cap  de  Sable,  lying  near  the  latitude  of  forty-three  de- 
'  grees  north  fiom  the  equinoctial  line,  or  thereabouts,  from  which  cape  towards 
'  the  sea-coast  verging  to  the  west,  to  the  naval  station  of  St.  Mary,  commonly 
'  called  St.  Mary's  Bay,  and  thereafter  northwards  by  a  straight  line  passing 


'and  seas:  to 


APPENDIX. 


45 


N   AMERICA, 
ER8,    AFTER 


the  inlet  or  mouth  of  that  great  naval  station  which  runs  out  into  the  eastern 
tract  of  land  between  the  countries  of  the  Suriquoia  and  Stechemines,  to  the 
river  commonly  called  of  St.  Croix,  and  to  the  furthest  source  or  fountain 
head  thereof  on  the  western  part,  which  first  unites  itself  with  the  foresaid 
river,  whence,  by  an  imaginary  straight  line,  conceived  to  proceed  overland, 
or  run  northwarcis,  to  the  nearest  naval  station,  river  or  source  discharging 
itself  into  the  great  river  of  Canada,  and  from  it  proceeding  eastwards  by 
the  coasts  of  the  said  river  of  Canada  to  the  river,  naval  station,  port  or 
shore  commonly  known  and  called  by  the  name  of  Gathep€  or  GhispS,  and 
thereafter  towards  the  southeast  to  tne  islands  called  Bacalaos,  or  Cape 
Breton,  leaving  the  said  islands  on  the  right,  and  the  gulf  of  the  said  great 
river  of  Canada,  or  great  naval  station,  and  the  lands  of  Newfoundland,  with 
the  islands  belonging  to  these  lands,  on  the  lefl,  and  thereafter  to  the  head  or 
cape  of  Cape  Breton  foresaid,  lying  near  the  latitude  of  forty-five  degrees  or 
thereabouts,  and  from  the  said  cape  of  Cape  Breton  towards  the  south-west,  to 
the  foresaid  Cap  de  Sable,  where  the  perambulation  began,  including  and  com- 
prehending witnin  the  said  coasts,  and  their  circumference  from  sea  to  sea,  all 
the  lands  and  continents,  with  the  rivers,  brooks,  bays,  shores,  islands  or  seas, 
lying  near  or  within  six  leagues  of  any  part  of  the  same,  on  the  western,  north- 
ern, or  eastern  sides  of  the  coasts,  and  precincts  thereof,  and  on  the  south-east, 
fwhere  lies  Cape  Breton,)  and  on  the  soflthern  part  of  the  same,  (where  is  Cap 
de  Sable,)  ail  tne  seas  and  islands  southwards  within  forty  leagues  of  the  said 
coasts  thereof,  including  the  great  island  commonly  called  Isle  de  Sable  or  Sab- 
Ion,  lying  towards  the  south-south-east,  in  the  sea,  about  thirty  leagues  from  Cape 
Breton  foresaid,  and  being  in  the  latitude  of  forty-four  degrees  or  thereabouts; 
which  lands  foresaid  should  in  all  time  to  come  enjoy  the  name  of  Nova  Scotia 
in  America;  Which  also  were  vested  in  William,  the  said  Earl  of  Stirling, 
according  to  a  charter  of  novodamus  under  the  great  seal  of  the  kingdom  of 
Scotland,  dated  the  12th  day  of  July  anno  Domini  1625,  made,  given  and 
granted  by  Charles,  King  of  Great  Britain,  Prance  and  Ireland,  in  favour  of  the 
said  William  Earl  of  Stirling,  (then  and  throughout  named  Sir  William  Alex- 
ander,) his  heirs  and  assigns  whatsoever,  heritably  :  And  by  which  charter  it 
is  declared,  that  the  foresaid  William  Earl  of  Stirling  should  divide  the  fore- 
said lando  into  parts  and  portions  as  should  seem  to  him  fit,  ^nd  bestow  names 
on  them  at  pleasure ;  Together  with  all  mines,  as  well  royal  of  gold  and  silver, 
as  other  mines  of  iron,  lead,  copper,  tin,  brass,  and  other  minerals  whatsoever, 
with  the  power  of  digging  and  causing  dig  from  the  land,  purifying  and  re- 
fining the  same,  and  converting  and  using  them  to  his  own  proper  use,  or 
other  ases  whatsoever,  as  should  seem  fit  to  the  said  William  Earl  of  Stirling, 
his  heirs  or  assigns,  or  to  those  who,  in  their  place,  should  happen  to  settle  m 
the  said  lands :  Reserving  only  to  his  said  Majesty  and  his  successors  the 
tenth  part  of  the  metal,  commonly  called  ore  of  gold  and  silver,  that  shall  after- 
wards be  dug  or  gained  out  of  the  earth ;  Leaving  to  the  said  William  Earl  of 
Stirling,  and  his  foresaids,  whatsoever  his  said  Majesty,  and  his  successors, 
might  in  any  way  demand  of  other  metals,  copper,  steel,  iron,  tin,  lead,  or 
other  minerals,  that  they  may  so  much  the  mere  easily  bear  the  great  charges 
of  extracting  the  foresaid  metajs,  together  with  pearls  and  otiier  precious 
stones  whatsoever,  quarries,  woods,  copses,  mosses,  marshes,  lakes,  waters, 
FISHERIES,  as  well  in  salt  water  as  in  fresh,  of  royal  fishes  as  of  others,  hunting, 
hawking,  commodities  and  hereditaments  whatsoever:  Together  with  full 
power,  privilege  and  jurisdiction  of  free  regality  and  chancery  for  ever ;  and 
with  the  gift  and  right  of  patronage  of  churches,  chapels  and  benefices,  with 
tenants,  tenandries  and  services  of  free  tenants  thereof,  together  with  oflices  of 
Justiciary  and  Admiralty  respectively,  within  the  baunds  above  mentioned  re- 
spectively: Together  also  with  the  power  of  erecting  corporations,  free 
boroughs,  free  ports,  towns  and  boroughs  of  barony,  and  of  appointing  mar- 
kets and  fairs  within  the  bounds  of  the  said  lands,  and  of  holding  courts  of 
justiciary  and  admiralty  within  the  boundaries  of  the  said  lands,  rivers,  ports 
and  seas;  together  also  with  the  power  of  imposing,  levying  and  receiving  all 
tolls,  customs,  anchorages,  and  other  dues  of  the  said  boroughs,  markets,  fairs 
and  free  ports,  and  of  possessing  and  enjoying  the  same  as  freely  in  all  re- 


or 
i 


46 


APPENDIX. 


i:"': 

.,l'"'li 


■pecti  as  any  greater  or  lesser  baron  in  the  kingdom  of  Scotland  has  enioyed, 
or  shall  be  able  to  enjoy  them,  at  any  time  past  or  to  come;  with  all  other 

Ererogatives,  privileges,  immunities,  dignities,  casualties,  profits  and  duties 
elonging  and  pertaining  to  the  said  lands,  seas,  and  bounds  of  the  same ;  and 
which  his  said  Majesty  shall  have  power  to  give  and  grant,  as  freely  and  in  as 
ample  form  as  he  himself  or  any  of  his  no^. )  progenitors  has  granted  any 
charters,  letters  patent,  infeftments,  gifts,  or  patents,  to  any  subject  of  whut- 
Boever  degree  or  quality,  to  any  society  or  community,  planting  such  colonies 
in  whatsoever  foreign  parts,  or  exploring  foreign  lands,  in  equally  free  and 
ample  form  as  if  the  same  were  inserted  in  the  said  charter:  Making,  consti- 
tuting and  appointing  the  said  William  Earl  of  Stirling,  his  heirs  or  assigns, 
or  their  deputies,  his  said  Majesty's  Hereditary  Lieutenants-general,  to  repre- 
sent his  royal  person,  as  well  by  sea  as  by  land,  in  the  countries,  sea-coasts 
and  boundaries  foresaid,  in  repairing  to  the  said  lands,  so  long  as  he  shall 
continue  there,  and  in  returning  from  the  same ;  to  govern,  rule,  punish 
and  pardon  all  subjects  of  his  said  Majesty  who  shall  have  happened 
to  go  to  the  said  lands,  or  to  be  inhabiting  the  same,  or  who  shull 
have  engaged  in  trade  with  them,  or  shall  remain  in  the  same  places,  and  to 
be  favourable  to  them;  and  to  establish  such  laws, statutes,  constitutions,  reg- 
ulations, instructions,  forms  of  government,  and  ceremonies  of  magistracies 
within  the  said  bounds,  as  to  him,  William  Earl  of  Stirling,  or  his  foresaids, 
for  the  government  of  the  said  country  and  its  inhabitants,  in  all  causes,  crimi- 
nal as  well  as  civil,  shall  seem  fit;  and  to  alter  and  change  the  said  laws,  regu- 
lations, forms  and  ceremonies,  as  often  as  he,  or  his  foresaids,  for  the  good 
and  advantage  of  the  qaid  country,  shall  be  pleased,  so  that  the  said  laws  were 
consistent,  as  much  as  they  could  be  made,  with  the  laws  of  the  said  kingdom 
of  Scotland;  And  giving  and  granting  free  and  plenary  power  to  the  foresaid 
William  Earl  of  Stirling,  and  his  foresaids,  of  conferring  favours,  privileges, 
employments  and  honours  upon  deserving  persons,  with  full  power  to  those, 
or  any  of  them,  who  shall  nave  happened  to  make  covenants  or  contracts 
for  the  said  lands  with  him,  William  Earl  of  Stirling,  and  his  foresaids,  under 
the  subscription  of  himself  or  of  his  foresaids,  and  the  seal  mentioned  in  the 
said  charter,  of  disponing  and  overgiving  any  portion  or  portions  of  the  said 
lands,  ports,  naval  stations,  rivers,  or  any  part  of  the  premises;  of  erecting 
also  inventions  of  all  sorts,  arts,  faculties,  orsciences,  or  of  practising  the  same 
in  whole  or  in  part  as  to  him,  for  their  good,  shall  seem  fit;  also  of  giving 
granting  and  bestowing  such  ofHccs,  titles,  rights  and  powers  as  to  him  shall 
appear  necessary,  according  to  the  qualities,  conditions  and  merits  of  the  per- 
sons; With  power  to  the  said  William  Earl  of  Stirling,  and  his  heirs  and 
assigns,  of  erecting,  founding  and  constructing  common  schools,  colleges  and 
universities,  sufficiently  provided  with  able  and  sufficient  masters,  rectors,  re- 
gents, professors  of  all  sciences,  learning,  languages  and  instruction,  and  of 
providing  for  sufficient  maintenance,  salaries,  and  living  for  them  to  that  ef- 
fect; As  also  of  instituting  prelates,  archbishops,  bishops,  rectors  and  vicars 
of  parishes,  and  parish  churches,  and  of  distributing  and  dividing  all  the  fore- 
said bounds  of  the  said  country  into  divers  and  distinct  shires,  provinces  and 
parishes,  for  the  better  provision  of  the  churches  and  ministry,  division  of  the 
shires,  and  all  other  civil  police;  And  likewise  of  founding,  erecting  and  in- 
stituting a  senate  of  justice,  places  and  colleges  of  justice,  council  and  session, 
senators  thereof,  members  for  the  administration  of  justice  within  the  said  coun- 
try, and  other  places  of  justice  and  judicature:  Further,  of  erecting  and  ap- 
pointing also  secret  and  privy  councils  and  sessions  for  the  public  good  and 
advantage  of  the  said  country,  and  giving  and  granting  titles,  honours  and 
dignities  to  the  members  thereof,  and  creating  their  clerks  and  members;  And 
appointing  seals  and  registers  with  their  keepers;  and  also  of  erecting  and  insti- 
tuting officers  of  state,  a  chancellor,  treasurer,  comptroller,  collector,  secretary, 
advocate  or  attorney-general,  a  clerk  or  clerks  of  register,  and  keepers  of  rolls, 
justice  clerk,  director  or  directors  of  chancery,  conservator  or  conservators  of 
the  privileges  of  the  said  country,  advocates,  procurators  and  solicitors  there- 
of, and  other  members  necessary:  And  further,  of  giving,  granting  and  dis- 
poning any  parts  or  portions  of  the  said  lands  and  lordship  of  Nova  Scotia, 


APPENDIX. 


47 


id  hasenioyed, 
;  with  all  other 
ofits  and  duties 
f  the  same;  and 
freely  and  in  as 
has  granted  any 
ubject  of  whut- 
ig  such  colonies 
;quiilly  free  and 
Making,  consti- 
heirs  or  uHsigns, 
general,  torepre- 
itries,  sea-coasts 
long  as  he  shall 
irn,  rule,  punish 
have  happened 
,   or  who  shall 
s  places,  and  to 
)n8titutions,  reg- 
i  of  magistracies 
or  his  foresaids, 
all  causes,  crmii- 
s  said  laws,  regu- 
ds,  for  the  good 
le  said  laws  were 
the  said  kingdom 
er  to  the  foresaid 
vours,  privileges, 
I  power  to  those, 
ants  or  contracts 
^  foresaids,  under 
mentioned  in  the 
■lions  of  the  said 
lises;  of  erecting 
actiaing  the  same 
t;  also  of  giving 
rs  as  to  him  shall 
nerita  of  the  per- 
nd  his  heirs  and 
)ols,  colleges  and 
iters,  rectors,  re- 
istruction,  and  of 
them  to  that  ef- 
ectors  and  vicars 
ding  all  the  fore- 
2s,  provinces  and 
Y,  division  of  the 
erecting  and  in- 
mcil  and  session, 
lin  the  said  coun- 
erecting  and  ap- 
publicgood  and 
es,  honours  and 
i  members;  And 
reeling  and  insti* 
lector,  secretary, 
keepers  of  rolls, 
r  conservators  of 
solicitors  ihere- 
jranting  and  dis- 
of  Nova  Scotia, 


heritably  belonging  to  them,  to  and  in  favour  of  whatsoever  peraoni,  their 
heirs  and  assigns,  heritably,  with  the  teinds  and  teind-sheavea  thereof  included, 
(provided  they  are  his  Majesty's  subjects,)  to  be  holden  of  the  said  William 
Earl  of  Stirling,  or  of  his  said  Majesty  and  his  successors,  either  in  blench-farm, 
feu-farm,  or  in  ward  and  relief,  at  their  pleasure,  and  to  intiile  and  denomi- 
nate the  said  parts  and  portions  by  whatsoever  styles,  titles  and  designations 
should  seem  to  them  fit,  or  be  in  the  will  and  option  of  the  said  William  Earl 
of  Stirling  and  his  foresaids;  which  infeftments  and  dispositions  shall  be  ap- 
proved and  confirmed  by  his  said  Majesty  and  his  successors,  freely,  without 
any  composition  to  be  paid  therefor:    Morbovbr,  his  said  Majesty  and  his 
successors  shall  receive  whatsoever  resignations  shall  have  been  made  by  the 
said  William  Earl  of  Sterling,  and  his  hairs  and  assigns,  of  all  and  whole  the 
foresaid  lands  and  lordship  of  Nova  Scotia,  or  of  any  part  thereof,  in  the  hands 
of  his  said  Majesty,  and  of  his  successors  and  commissioners,  with  the  teinds 
and  teind-sheaves  thereof  included,  and  others  generally  and  particularly  above 
mentioned,  to  and  in  favour  of  whatsoever   person  or  persons,   (provided 
they  are  his  Majesty's  subjects,  anil  live  under  his  obedience,)  and  they 
shall   pass  infeftnients  thereon,  to  be  holden  in  free  blench-farm  of  his  said 
Majesty,  his  heirs  and  successors,  in  manner  above  mentioned,  freely,  with- 
out any  composition:    Moreover,  giving,  granting  and  committing  power 
to  the  said  William  Earl  of  Stirling,  and  his  heirs  and  assigns,  of  having  and 
lawfully    establishing  and  causing  coin  money  in    the  said  country  and 
lordship  of  Nova  Scotia,  and  for  the  readier  convenience  of  commerce  and 
agreements  amongst  the  inhabitants  thereof,  of  such  meial,  form  and  fashion 
as  they  shall  appoint  or  fix  :    Forthbr,  giving,  graifting,  ratifying  and  con- 
firming to  the  said  William  Earl  of  Stirling,  and  his  heirs  and  assigns,  all  places, 
privileges,  prerogatives  and  precedeicies  whatsoever,  given,  granted  and  re- 
served, or  to  be  given,  granted  and  reserved  to  the  said  William  Earl  of  Stir- 
ling, and  his  heirs  and  assigns,  and  his  successors.  Lieutenants  of  the  said 
country  and  lordship  of  Nova  Scotia,  over  the  knights-baronets  and  remanent 
portioners  and  associates  of  the  said  plantation,  so  as  the  said  William  Earl  of 
Stirling,  and  his  heirs-male  descending  of  his  body,  as  Lieutenants  foresaid, 
might  and  could  take  place,  prerogative,  pre-eminence  aud  precedency,  as  well 
before  all  squires,  lairds  and  gentlemen  of  the  said  kingdom  of  Scotland,  as 
before  all  the  firesaid  knights-baronets  of  the  said  kingdom,  and  all  others 
before  whom  the  said  knights-baronets,  by  privilege  of  the  drgnity  gaanted  to 
them,  can  have  place  and  precedency :    All  aud  whole  which  province  and 
lands  of  Nova  Scotia,  with  all  the  boundaries  and  seas  of  the  same,  were 
united,  annexed  and  incorporated  into  one  entire  and  free  lordship  and  barony, 
to  be  called  by  the  foresaid  name  of  Nova  Scotia  in  all  time  to  come ;  and  by 
which  charter  it  is  ordained,  that  one  seisin,  to  be  takeq  by  the  said  William 
Earl  of  Stirling,  and  his  foresaids,  at  the  Castle  of  Edinburgh,  without  any 
other  special  or  particular  seisin  by  himself  and  his  foresaids,  at  any  other 
part,  shall  stand  and  be  sufficient,  in  all  time  coming,  for  all  and  whole  the 
country  above  mentioned,  with  all  the  parts,  pendicles,  privileges,  casualties, 
liberties,  and  immunities  thereof;  as  in  the  said  charter,  comprehending  divers 
other  conditions,  provisions,  limitations  and  restrictions,  with  many  and  great 
privileges,  immunities,  dignities  and  honours,  is  more  fully  contained  ;  And 
in  which  lands  aforesaid,  the  foresaid  William  Eail  of  Stirling  was  duly  infeA, 
in  virtue  of  the  precept  of  seisin  inserted  in  the  end  of  the  said  charter,  accor- 
ding to  instrument  of  seisin  following  thereon,  dated  the  29th  day  of  September, 
and  recorded  in  the  General  Register  of  Seisins,  &c.  kept  at  Edinburgh,  the 
1st  day  of  October  anno  Domini  1625  :  And  that  the  said  Alexander  Earl  of 
Stirling  and  Dovan  is  nearest  and  lawful  heir  of  the  said  deceased  William 
Earl  of  Stirling,  his  great-great-great  grandfather,  in  all  and  sundry  the  lands 
and  others  foresaid  ;  Anq  that  he  is  of  lawful  age  ;  And  that  the  said  lands 
and  others,  with  the  pertinents,  are  holden  immediately  of  us  in  chief.  Where- 
fore we  require  and  command  you,  that  ye  ^ive  seisin  thereof  to  the  foresaid 
Alexander  Earl  of  Stirling  and  Dovan,  or  his  certain  attorney,  bearer  hereof, 
without  delay,  saving  the  right  of  every  person  whatsoever,  and  taking  se- 
curity of  two  pennies  Scots  money,  by  duplication  of  the  blench  farm-duty  of 
the  foresaid  lands  and  others  as  above  mentioned,  lying  as  above,  due  to  us ; 


,,  ./^ 


C1?i 


48 


APPSNniX. 


'  and  thia  no  wiM  ye  Imvq  undone,  those  presenu  after  the  next  terna  being  to 
'  no  purpose.  Witness  myself  at  Edinburgh,  the  7th  day  of  July,  and  in  the 
'  second  year  of  our  reinn,  1831. 

'  To  the  Sheriff  of  Edinburgh  and  his  Bailies,  for  Alexander  Earl  of  Stirling 
'  and  Dovan,  to  his  great-great<great  grandfather. 

(Signed)  '  William  Campbell  Jr.  Sub.> 

AFTER  READiHG  and  intbrpretimo  which  precept  of  seisin,  in  the  common 
speech,  to  tha  witnesses  present,  the  foresaid  SheriflT,  in  virtue  of  the  said  pre- 
cept of  seisin,  and  of  the  dispensation  therein  contained,  and  the  office  of  bail- 
iary  therein  cimmitted  to  him,  oatb  and  dblivbrbd  heritable  slate  and  seisin, 
astual,  real  and  corporal  possession  of  the  said  lands  and  others  above  specified, 
with  the  pertinents,  to  the  before-named  Alexander  Earl  of  Stirling  and  Dovan, 
heir  aforesaid,  and  that  by  delivery  of  earth  and  stone  of  the  ground  of  the  said 
Cnstel  into  the  hands  of  the  said  attorney,  for  and  in  name  of  the  said  Alexan- 
der Earl  of  Stirling  and  Dovan,  after  the  tenor  of  the  said  precept  ol  seisin 
above  inserted,  and  dispensation  contained  in  the  aatne,  in  ail  points.  Whbre- 
UPON,  und  upon  all  and  sundry  the  premises,  the  foresaid  attorney  asked  instru- 
ments from  me,  the  undersigned  notary-public.  THeas  things  were  so  donr 
at  the  said  Castle  of  Edinburgh,  within  the  outer  gale  there,  in  virtue  of  the 
dispensation  foresaid,  between  the  hours  of  eleven  forenoon  and  twelve  noon, 
on  the  day  of  the  month,  in  the  year  of  our  Lord,  and  of  the  reign  of  our  sov- 
ereign lord  the  King,  above  written,  in  pherbncb  of  David  Byars,  clerk  in  the 
otfice  of  the  clerk  of  the  sheriffdom  of  Edinburgh,  and  William  Wilson,  second 
son  of  me,  notary-publiT,  residing  in  Lyndoch  Place,  at  Edinburgh,  witnesses 
to  the  premises  specially  culled  and  required,  and  this  public  instrument  with 
me  subscribing. 

And  I  truly,  James  Wilson,  clerk  of  the  diocese  of  Edinburgh,  and  clerk  of  the 
sheriffdom  of  Edinburgh,  and  notary  public,  by  royal  authority,  and  by  the 
Lords  of  Council  and  Session,  according  to  the  tenor  of  the  act  of  Parliament 
admitted,  because  at  all  and  sundry  the  premises,  whilst  they  were,  as  is  be- 
fore stated,  so  said,  done  and  performed,  I  was,  together  with  the  before- 
nam  >d  witnesses,  personally  present,  and  all  and  sundry  these  premises  I  saw, 
knew,  and  heard  so  performed  and  said,  and  took  a  note  of  them  ;  therefore 
I,  being  called  and  required,  prepared  therefrom  this  present  public  mstru- 
ment,  by  another  hand,  upon  this  and  the  six  foregoing  pages  of  parchment, 
duly  stamped,  with  the  marginal  addition  on  page  third,  faithfully  written, 
and  have  rendered  it  in  this  form  of  a  public  instrument ;  and  in  faith,  corro- 
boration and  testimony  of  the  truth  of  all  and  sundry  the  premises,  have  sign- 
ed and  subscribed  the  same  with  my  sign,  name  and  surname,  used  and  wont. 
♦  Veritas. 

Ja.  Wilson,  N.  P. 
Dav.  Byars,  witness. 
Wm.  nilion,  witness. 

At  Edinburgh,  the  twelfth  day  of  August  one  thousand  eight  hundred  and 
thirty-one  years,  this  sasine  was  presented  by  Ephraim  Lockhart,  writer  to  the 
signet,  and  is  recorded  in  the  one  thousand  six  hundred  and  forty-sixth  book  of 
the  new  General  Register  of  Sasines,  Reversions,  &c.  and  on  the  102,  103, 104, 
105,  106,  107,  108,  109,  110,  and  111th  leaves  thereof,  conform  to  the  act  of 
Parliament  made  there  anent  in  June  1617,  by  me,  depute-keeper  of  said  Regis- 
ter. Ar.  Wishart. 


"! 
'I 


Earl  of  Stirling 


APPENDIX. 


49 


'  [tkanblation.  J 

INSTRUMENT  OF  SEISIN 

(I 

IN  fAvouR  or  .   ^ 

ALEXANDER,  EARL  OF  STIRLING  AND  DOVAN, 
07  THE  LANDS,  COUNTRY  AND  LORDSHIP  OF  CANADA  AND  OTHERS. 

IN  THE  NAME  OF  QOD,  Amen.  Be  it  i<nown  to  all  men  by  this  prs- 
sent  public  instrnment,  That  on  the  Hth  day  of  July,  in  ihe  year  of  our  Lord 
1831,  and  of  the  reign  of  our  sovereign  lord,  William  the  Fourth,  by  the  ^ruce 
of  Ood  of  the  United  Kingdom  of  Great  Britain  luid  Ireland,  King,  Dcrenderof 
the  FAiih,  the  second  year,  In  presence  of  me,  notary-public,  and  the  witnesEes 
subscribing,  appeared  peroonully  Ephrnim  Lockhart,  writer  to  his  Majesty's 
signet,  as  procurator  and  attorney,  Hpccinliy  constituted,  for  and  in  the  name 
of  the  Right  Honourable  Alexander  Earl  of  Stirling  and  Dovan,  Viscount  of 
Stirling und  Canada,  Lord  Alexander  of  Tullibodie,&c.  great-great-greai-grund- 
son  and  heir  of  the  deceased  Sir  William  Alexander,  Knight,  the  first  Earl  of 
Stirling,  whosQ  power  of  piocuratory  was  sufficiently  known  to  me,  the  under- 
signed notary-public;  and  there  also  appeared  Thomas  Christopher  Banks, 
Esquire,  rssiding  in  No  19.  Duke  Street,  Edinburgh,  bailie  in  that  part  speci- 
ally constituted,  in  virtue  of  the  charter  under  mentioned,  and  precept  of  seisin 
therein  contained,  to  the  Castle  of  Edinburgh,  the  place  for  giving  seisin  of  the 
lands  and  others  under  written,  in  virtue  of  the  union  and  dispensation  con- 
tained in  the  said  charter  and  precept  of  seisin  under  written  ;  the  said  attorney 
HAVING  nnd  HOLDING  in  his  hands  a  certain  extract  registrate  charter,  made,  e;iv- 
en  and  granted  by  Charles,  King  of  Great  Britain,  France  and  Ireland,  under 
liis  Grent  Seal,  containing  therein  the  precept  of  seisin  for  giving  to  the  foresaid 
Sir  William  Alexander,  his  Majesty's  Hereditary  Lieutenant  of  the  country 
and  lordship  of  Nova  Scotia  in  America,  and  his  heirs  and  assigns,  heritably  for 
ever,  seisin  of  all  and  sundry  islands  lying  within  the  gulf  of  Canada,  between 
Nova  Scotia  and  Newfoundland,  at  the  mouth  and  entrance  of  the  great  river 
Canada,  where  it  fulls  and  enters  into  the  said  gulf,  (including  therein  the  great 
island  Anticoiiti):  Also  of  all  and  sundry  islands  lying  within  the  said  river 
Canada,  from  the  said  mouth  and  entrance  up  to  the  head,  first  rise  and  source 
thereof,  wheresoever  it  is,  or  the  lake  whence  it  flows,  (which  was  thought  to 
be  towards  the  great  bay  of  California,  called  by  some  the  Vermillion  Sea,)  or 
within  any  oihier  rivers  falling  into  the  said  river  Canada,  or  in  whatsoever 
hikes,  waters  or  straits,  by  which  either  the  said  great  river  Canada  or  any  of 
the  said  other  rivers  puss,  or  in  which  they  run  out :  And  further,  of  fifty  leagues 
of  bounds  on  both  sides  of  the  aforesaid  river  Canada,  from  the  said  mouth  and 
entrance  to  the  said  head,  spring  and  source  thereof;  also  on  both  sides  of  the 
said  other  rivers  falling  thereinto  ;  as  also  on  both  sides  of  the  said  lakes,  straits 
or  waters  by  which  any  of  the  said  rivers  pass,  or  in  which  they  terminate :  And 
likewise,  of  all  and  whole  the  bounds  and  passages,  as  well  on  the  waters  as 
on  the  land,  from  the  foresaid  head,  spring  and  source  of  the  river  Canada, 
wheresoever  it  is,  or  whatsoever  lake  it  has  its  course  from,  to  the  foresaid  bay 
of  California,  whatsoever  shall  be  found  to  be  the  distance ;  with  fifty  leagues 
altogether  on  both  sides  of  the  said  passage  over  against  the  said  head  of  the 
river  Canada  und  bay  of  California;  and  likewise  of  all  and  sundry  islands 
lying  within  the  said  bay  of  California ;  as  also  of  all  and  whole  the  lands  and 
bounds  adjacent  to  the  said  bay  on  the  west  and  south,  whether  they  be  found 
apart  of  the  continent  or  main  land,  or  an  island,  (as  it  was  thought  to  be,) 
wnich  was  commonly  called  and  distinguished  by  the  name  of  California: 
Moreover,  of  all  and  sundry  other  lands,  bounds,  lakes,  rivers,  straits,  woods, 
forests  and  others  that  shall  have  been  explo.ed,  conquered  or  discovered  at  any 
time  to  come  by  him  the  foresaid  Sir  Wi^iam  Alexander,  or  his  successors, 
their  confederates,  associates,  or  others  in  their  name,  or  having  power  from 

7 


60 


APPENDIX. 


■  .* 


them,  upon  both  sides  of  the  whole  bounds  and  passage  aforesaid,  from  the 
mouth  and  entrance  of  the  said  river  Canada,  where  it  discharges  itself  into  the 
said  gulf  of  Canada,  to  the  said  bay  of  California,  or  islands  in  the  seas  thereto 
adjacent,  which  were  not  heretofore  really  and  actually  possessed  by  others,  either 
the  subjects  of  his  said  Majesty,  or  the  subjects  of  any  other  Christian  prince  or 
constituted  orders  in  alliance  and  friendship  with  his  Majesty:  With  full  and  ab- 
solute POWER  to  him  the  said  Sir  Wm.  Alexander,  and  his  foresaids,  (and  to  no 
others,)  their  stewards,  servants,  and  nther.-t  in  (heir  name,  of  planting  colonies 
and  engaging  in  trade  in  the  before-named  places  or  bounds,  or  any  part  of  them 
particularly  marked  out,  and  of  expelling  or  debarring  all  others  from  tne  same; 
also  of  allocating  proportions  of  ti.e  lands  thereof  to  whatsoever  person  or  per- 
sons shall  Deem  to  him  fit,  and  upon  the  same  terms,  conditions,  restrictions, 
and  regulations  within  all  the  forenamed  bounds,  as  he  could  do  in  Nova  Scotia, 
by  whatsoever  charters  or  patents  granted  to  him  by  his  saiJ  Majesty's  father, 
or  his  Majesty  himself,  also  with  s  ich  and  as  great  rivileges,  liberties,  and 
immunities  in  all  the  foresaid  places  or  bounds,  islands,  and  others  above  writ- 
ten, as  well  as  in  the  sea  and  fresh  water  as  on  land,  as  the  said  Sir  William 
Alexander  had  in  Nova  Scotia  by  his  prior  charters  or  patents  of  Nova  Srt)tia  ; 
which  privileges  contained  in  the  said  prior  charters,  and  every  one  of  them, 
his  said  Majesty  ordained  to  be  equally  sufficient  and  valid,  and  willed  to  be 
altogether  of  the  same  strength,  force,  and  effect,  as  if  they  had  severally  been 
particularly  and  one  by  one  granted  and  set  forth  word  for  word  in  the  said 
charter,  as  to  the  not  particular  insertion  of  which  in  the  said  charter  his  Siiid 
Majesty  for  ever  dispensed  :  By  which  charter  also  it  is  ordained  and  declared, 
that  it  should  in  nowise  be  prejudicial  or  deromtory  to  whatsoever  rights,  char- 
ters or  patents  granted  to  the  foresaid  Sir  William  Alexander,  or  his  aforesaid, 
of  or  concerning  Nova  Scotia,  at  whatsoever  time  preceding  the  date  of  the  said 
charier,  or  to  any  head,  clause,  article  or  condition  therein  set  fonh;  as  also,  that 
it  should  be  without  prejudice  to  any  prior  charter  granted  by  his  said  Majesty, 
or  to  be  granted  at  any  time  to  come,  to  whatsover  Baronets  within  Scotland  of 
the  country  of  Nova  Scotia:  And  his  said  Majesty  specially  prohibited  and 
debarred  all  and  sundry  his  subjects,  of  every  degree  or  condition,  in  any  of  his 
kingdoms  or  dominions,  from  making  any  plantation,  or  engaging  in  any  trade 
in  the  said  places  or  bounds,  bays,  rivers,  lakes,  islands  and  straits  above 
written,  or  in  any  part  thereoi,  without  the  special  advice,  permission  and  con- 
sent of  the  foresaid  Sir  William  Alexander,  or  his  foresaids ;  and  with  special 
power  to  the  said  Sir  William.  Alexander,  and  his  foresaids,  of  seizing,  taking 
and  apprehending  all  and  sundry  persons  who  shall  be  found  to  be  in  business 
and  engaged  in  trade  in  any  part  of  ilie  said  places  or  bounds  contrary  to  the 
said  prohibition,  and  of  confiscating  their  ships  and  goods,  and  disposing  thereof 
at  pleasure  to  their  own  proper  uses,  without  rendering  any  count  or  reckoning 
in  any  manner  for  the  same,  or  any  part  thereof;  and  of  doing  all  other  things 
within  all  and  whole  the  forenamed  bounds  or  spaces,  as  freely  and  fully 
to  all  intents,  purposes  and  ends  as  the  foresaid  Sir  William  Alexander, 
and  his  foresaids,  could  have  done  within  the  said  country  of  Nova  Scotia, 
or  the  said  kingdom  of  Scotland,  in  virtue  of  any  of  the  said  letters  patent,  prior 
charters  or  patents:  All  and  whole  which  lands,  spaces  or  bounds,  islands 
and  others  above  set  forth,  were  erected  and  united  into  one  whole  and  free 
lordship,  to  be  called  of  Canada,  belonging  and  pertaining  to  the  before-men- 
tioned Sir  William  Alexander  and  his  foresaids,  heritably  for  ever;  ordaining 
seisin  at  the  said  Castle  of  Edinburgh,  or  upon  the  soil  and  ground  of  the  fore- 
said lands,  bounds  and  islands,  or  any  part  thereof,  to  be  taken  by  the  said  Sir 
William  Alexander,  or  his  foresaids,  to  be  in  all  time  to  come  sufficient  for  all 
and  whole  the  forenamed  lands,  bounds,  islands,  and  others  above  specified,  or 
any  part  or  portion  thereof,  as  to  which  his  said  Majesty  for  ever  dispensed; 
as  in  the  said  charter  and  precept  of  seisin  inserted  in  the  end  thereof,  compre- 
hending divers  other  clauses,  is  more  fully  contained :  As  also  the  foresaid 
attorney  having  and  holding  in  his  hands  a  certain  general  retour  of  the  service 
of  the  before-named  Alexander  Earl  of  Stirling,  &c,  as  nearest  and  lawful  heir 
of  the  foresaid  Sir  William  Alexander,  the  first  Earl  of  StirUng,  his  great-great- 
great  grandfather,  expede  before  the  bailies  of  the  borough  of  Canongate,  near 


APPENDIX. 


51 


jaid,  from  the 
itself  into  the 
e  seas  thereto 
J  others,  either 
stian  prince  or 
1  FDLL  and  AD- 
ids,  (and  to  no 
inting  colonies 
y  part  of  them 
i'om  tue  same; 
person  or  per- 
is, restrictions, 
n  Nova  Scotia, 
ajesty's  father, 
3,  liberties,  and 
irs  above  writ- 
id  Sir  William 
f  Nova  Sctotia ; 
y  one  of  them, 
id  willed  to  be 
severally  been 
ord  in  the  said 
larter  his  said 
;d  and  declared, 
/er  rights,  char- 
)r  his  aforesaid, 
date  of  the  said 
ih;  as  also,  that 
is  said  Majesty, 
thin  Scotland  of 
prohibited  and 
)n,  in  any  of  his 
ig  in  any  trade 
J  straits  above 
ission  and  con- 
,nd  with  special 
seizing,  taking 
be  in  business 
contrary  to  the 
sposing  thereof 
rit  or  reckoning 
all  other  things 
reely  and  fully 
am  Alexander, 
f  Nova  Scotia, 
jr3  patent,  prior 
bounds,  islands 
whole  and  free 
the  before-men- 
ver;  ordaining 
ind  of  the  fore- 
by  the  said  Sir 
sufficier.t  for  all 
jve  specified,  or 
ever  dispensed ; 
hereof,  compre- 
,R0  the  foresaid 
ur  of  the  service 
and  lawful  heir 
his  great-great- 
lanongate,  near 


Edinburgh,  the  11th  day  of  October,  anno  Domini  1830,  and  duly  retoured  to 
his  Majesty's  chancery;  and  having  a  certain  special  retour  of  the  service  of 
the  said  Alexander  Earl  of  Stirling,  &c.  as  nearest  and  lawful  heir  aforesaid, 
expede  before  the  Sheriff-substitute  of  the  sheriffdom  of  Edinburgh,  the  2d  day 
of  July  in  the  year  first  above  written,  and  likewise  retoured  to  the  said  chan- 
cery ;  which  service  includes  a  general  service  of  the  same  kind  and  character; 
by  either  of  which  services  the  said  Alexander  Earl  of  Stirling,  &c.  acquired 
right  to  the  foresaid  charter,  and  to  the  precept  of  seisin  still  unexecuted,  and 
all  the  other  clauses  therein  contained ;  as  in  the  retours  of  the  said  services 
respectively  is  also  contained ;  Which  extract  charter,  with  the  said  retours, 
the  foresaid  attorney  exhibited  and  presented  to  the  said  bailie  in  that  part  law- 
fully constituted  as  is  before  stated,  and  desired  him  duly  to  execute  the  com- 
mand and  office  committed  to  him  by  the  said  precept  of  seisin  ;  Which  desirk 
the  said  bailie  finding  to  be  just  and  reasonable,  he  received  the  said  ex- 
tract charter  and  retours  into  his  hands,  and  delivered  them  to  me,  notary-public, 
to  be  read,  published  and  explained  in  the  common  speech*  to  the  witnesses 
present;  Which  I  did,  and  of  which  precept  of  seisin,  contained  in  the  said 
extract  charter,  the  tenor  follows  in  these  words:  'AND  further,  we  have 
'made  and  constituted,  and  by  the  tenor  of  our  present  charter  we  make  and 
'  constitute 

'and  any  one  of  them,  jointly  and  severally,  our  bailies  in  that  part,  giving  and 
'  granting  to  them,  and  any  one  of  them,  our  full  power  and  special  warrant  for 
'giving,  granting  and  delivering  to  the  foresaid  Sir  William  Alexander, and  iiis 
'aforesiiid,  or  to  their  certain  attornica,  having  or  producing  this  our  present 
'charier,  heritable  state  and  seisin,  and  also  actual,  real  and  corporal  possession 
'of  all  and  sundry  the  forcnamed  lands,  bounds,  rivers,  lakes  islands,  straits 
'  or  passages,  and  others  whatsoever,  generally  and  p;u-ticu)arly  above  set  forth, 
'  of  the  said  country  and  lordship  of  Canada,  at  our  aaid  Castle  of  Edinburgh,  or 
'  upon  the  soil  and  ground  of  any  part  of  the  foresaid  lands  and  bounds  or 
'  places,  or  in  both  manners,  at  the  pleasure  of  the  said  Sir  William  Alexander 
'and  his  foresaids,  commanding  them,  and  any  one  of  them,  that  on  sight 
'  hereof  they,  or  any  one  of  them,  Ibilhwith  give  and  deliver  heritable  state 
'  and  seisin,  and  also  actual,  real  and  corporal  possession  of  all  and  sundry  the 
'  forenamed  lands,  places  or  bounds,  islands,  rivers,  lakes  and  others  foresaid, 
'  generally  and  particularly  above  set  forth,  to  the  foresaid  Sir  William  Alex- 
'  ander  and  his  foresaids,  or  to  their  certain  attorneys,  having  or  producing  this 
'  our  present  charter,  upon  any  part  of  the  ground  of  the  aaid  lands,  or  at  our 
'  Castle  of  Edinburgh,  or  in  both  manners,  as  shall  appear  best  to  him  and 
'  his  foresaids,  by  delivery  of  earth  and  stone  to  the  foresaid  Sir  William  and 
'  his  aforesaid,  or  to  their  attorneys,  having  or  producing  this  our  present  char- 
'  tcr  at  the  said  Castle,  or  upon  the  soil  and  ground  of  the  said  lands  and  others 
'  abovr  written,  or  in  both  manners,  at  the  pleasure  of  the  said  Sir  William  and 
'  his  foresaids;  which  seisin  so  to  be  given  by  our  said  bailies  in  that  part  to 
'  the  foresaid  Sir  William  and  his  aforesaid,  or  to  their  attorneys  having  or  pro- 
'  ducing  this  our  present  charter,  we,  for  us  and  our  successors,  decree  and 
'  ordain  to  be  good,  lawful,  valid  and  sufficient  in  all  time  coming,  dispensing, 
'  like  as  we,  by  the  tenor  of  our  present  charter,  dispense,  as  to  all  that  can  be 
'  objected  against  the  same,  whether  in  form  or  in  effect :  Finally,  we,  for  us 
'  and  our  successors,  with  advice  and  consent  foresaid,  will,  decree,  declare  and 
'  ordain,  that  this  our  present  charter,  with  all  and  sundry  privileges,  liber- 
'  ties,  clauses,  articles  and  conditions  above  mentioned,  be  ratified,  approved 
'  and  confirmed  in  our  next  Parliament  of  our  kingdom  of  Scotland,  or,  at  the 
'  will  and  pleasure  of  the  said  Sir  William  Alexander  and  his  foresaids,  in  any 
'  other  Parliament  of  the  said  kingdom  hereafter  to  be  liolden,  to  have  the 
'  strength,  force  and  effect  of  a  decree  of  that  supreme  court;  for  doing  which, 
'  we,  for  us  and  our  successors,  will  and  declare  our  said  charter,  and  the 
'  clauses  therein  contained,  to  be  a  sufficient  mandate  or  warrant,  promising,  on 
'  the  word  of  a  King,  the  same  shall  be  so  done  and  performed.  In  witness 
'  whereof  we  have  ordered  our  Great  Seal  to  be  appended  to  this  our  present 
'charter,  before  witnesses,  as  in  others,  our  cousins  and  counsellors,  James 
'  Marquess  of  Hamiltoun,  Ear!  of  Arran  and  Cambridge,  Lord  Aven  and  In- 


fr- 


% 


W.<n 


M 


:  <>\ 


,M       t 


52 


APPENDIX. 


'  nerdaill,  William  Eari  Mariachal,  Lord  Keyth,  &c.,  marischal  of  our  king- 
'  dom,  George  Viscount  Duplin,  Lord  Hay  of  Kinfawins,  our  chancellor, 
'  Thomas  Earl  of  Hadingtoun,  Lord  Bynning  and  Byres,  &c.,  keeper  of  our 
'  Privy  Seal,  our  beloved  familiars  and  counsellors  Sir  William  Alexander  of 
'  Menstrie,  our  principal  secretary,  Sir  James  Hamiltoun  of  Magdalenis,  clerk 
<  of  our  rolls,  register  and  council.  Sir  uTeorge  Elphingstoun  of  Blythiswod,  our 
'  justice-clerk,  and  Sir  John  Scot  of  Scottistarvett,  director  of  our  chancery, 
'Knights  ;  at  our  palace  of  Whythall,  the  2d  day  of  February,  in  the  year  of 
'  our  Lord  1628,  and  of  our  reign  the  third.'  AFTER  reading,  publishing 
and  EXPLAINING  which  extract  charter,  and  precept  of  seisin  and  retours,  in 
the  common  speech,  to  the  witnesses  present,  the  foresaid  Thomas  Christopher 
Banks,  bailie  in  that  part  aforesaid,  again  received  the  said  extract  charter  and 
retours  into  his  hands,  and  in  virtue  and  by  the  strength  of  the  same  and  of 
the  office  of  bailiary  committed  to  him,  gave  and  delivered  to  the  before- 
mentioned  Alexander  Earl  of  Stirling,  &c.,  heir  aforesaid,  for  himself,  his  heirs 
and  assigns,  heritable  state  and  seisin,  and  also  actual,  real  and  corporal  pos- 
session of  ALL  and  SUNDRY  the  forenamed  lands,  bounds,  rivers,  lakes,  islands, 
straits  or  passages,  and  others  whatsoever,  generally  and  particularly  above  ex- 
pressed, of  the  said  country  and  lordship  of  Canada,  after  the  tenor  of  the 
aforesaid  charter,  the  union  and  dispensation  contained  in  the  same,  and  the 
said  precept  of  seisin  above  inserted ,  in  all  points  by  delivery  of  earth  and  stone 
of  the  ground  of  the  said  Castle  into  the  hands  of  the  said  Ephraim  Lockhart, 
attorney  foresaid,  for  and  in  name  of  the  before-mentioned  Alexander  Earl  of 
Stirling,  &c.  Whereupon,  and  upon  all  and  sundry  the  premises,  the  foresaid 
attorney  asked  instruments  from  me,  notary-public.  These  things  were  so 
DONE  at  the  said  Castle  of  Edinburgh,  within  the  outer  gate  there,  in  virtue  of 
the  union  and  dispensation  aforesaid,  between  the  hours  of  eleven  forenoon  and 
twelve  noon,  on  the  day  of  the  month,  in  the  year  of  our  Lord,  and  of  the  reign 
of  our  sovereign  lord  the  King,  above  written,  in  presence  of  David  Byars, 
clerk  in  the  office  of  the  sheriff-clerk  of  Edinburgh,  and  William  Wilson,  writer 
there,  witnesses  to  the  premises  specially  called  and  required,  and  this  public 
instrument  with  me  subscribing. 

And  I  truly,  John  M'Gregor,  clerk  of  the  diocese  of  Edinburgh,  and  notary- 
public,  by  royal  authority,  and  by  the  Lords  of  Council  and  Session,  accord- 
ing to  the  tenor  of  the  act  of  Parliament  admitted,  because  at  all  and  sundry 
the  premises,  whilst  they  were,  as  is  before  stated,  so  said,  done  and  per- 
formed, I  was,  together  with  the  before-named  witnesses,  personally  present, 
and  all  and  sundry  the  premises  I  saw,  knew  and  heard  so  performed  and 
Said,  and  took  a  note  of  them;  therefore  1,  being  called  and  required,  pre- 
pared therefrom  this  present  public  instrument,  by  another  hand,  upon  this 
and  the  two  foregoing  pages  of  parchment,  duly  stamped,  faithfully  written, 
and  have  rendered  it  in  this  form  of  a  public  instrument ;  and  in  fuiih,  corro- 
boration and  testimony  of  the  truth  of  all  and  sundry  the  premises,  have 
signed  and  subscribed  the  same  with  my  sign,  name  and  surname,  used  and 
wont. 

Verum  crede. 
Jn.  M'Gregor,  N.  P. 
Dav.  Byars,  witness. 
Wm.   Wilson,  witness. 

At  Edinburgh,  the  twelfth  day  of  August,  one  thousand  eight  hundred  and 
thirty-one  years,  this  sasine  was  prtaented  by  Ephraim  Lockhart,  writer  to  the 
signet,  and  is  recorded  in  the  one  thousand  six  hundred  and  forty-sixth  book 
of  the  new  General  Register  of  Sasines,  Reversions,  &c.  and  on  the  111,  112, 
113,  114,  115,  116,  117,  118,  and  119th  leaves  thereof,  conform  to  the  act  of 
Parliament  made  thereanent  in  June  1617,  by  me,  depute-keeper  of  said  Re- 
gister. 

Ar.  Wishart. 


Mh'iT   i»U>ii^'Sv\^^9!i 


I 


iachal  of  our  king- 
8,  our  chancellor, 
&c.,  keeper  of  our 
liam  Alexander  of 
Magdalenis,  clerk 
of  Blylhiswod,  our 
r  of  our  chancery, 
Mty,  in  the  year  of 

;ADING,   PWBUSHIKG 

isin  and  retours,  in 
'homas  Christopher 
extract  charter  and 
of  the  same  and  of 
ERED  to  the  before- 
br  himself,  his  heirs 
lal  and  corporal  pos- 
ivers,  lakes,  islands, 
irticularly  above  ex- 
Ler  the  tenor  of  the 
n  the  same,  end  the 
ry  of  earth  and  stone 
I  Ephraim  Lockhart, 
;d  Alexander  Earl  of 
iremises,  the  foresaid 

iESE  THINGS  WERE  SO 

ate  there',  in  virtue  of 
f  eleven  forenoon  and 
,ord,  and  of  the  reign 
;nce  of  David  Byars, 
iiUiam  Wilson,  writer 
aired,  and  this  public 

linburgh,  and  notary- 
and  Session,  accord- 
luse  at  all  and  sundry 
)  said,  done  and  per- 
s,  personally  present, 
aru  so  performed  and 
ed  and  required,  prc- 
)lher  hand,  upon  this 
)ed,  faithfully  written, 
t;  and  in  faith,  corro- 
ry  the  premises,  have 
nd  surname,  used  and 

Verum  crede. 
M'Gregor,  N.  p. 


ind  eight  hundred  and 
-jockhart,  writer  to  the 
i  and  forty-sixth  book 
;,  and  on  the  HI,  112, 
conform  to  the  act  of 
ute-keeper  of  said  Re- 

Ar.  Wishart. 


4 


•  •J  J 


.  .      ■  }f 

liJ 


,1   . .    ,1   l,l, 
'■i    .1    ■•; 

'-•    .  t  iv  •'   I'.: 


I'>i!.i 


Hi';    '    .    '■!»    V 


;h  in  ^4 
cond  Ml 


t  Alext 
0,  ob.  ] 


torn  15 


Tv 


i!  *v* 


i 


L5 


-'■  ^f-'^-t*'- 


PEDIGRKE— shewing  the  Descent  of  the  Earldoms  op  Stihling  and  Dovah,  from  the  Oeation  oft 


Andrew  Alexander, 

of  Moimtrie, 

iiintli  in  dimcont  from  Alexander  M 'Donald 

Kccoiid  »>n  of  Donald,  King  of  the  lalos. 


1.  Alexander  Alexander, 
of  Menatrio,  ob.  1594. 


9.  John  Alexandur, 

^From  whom  Gen'l  Alexander 

failed  to  prove  doicent.) 


1.     Sir  Wiiliom  Alexander,  = 

of  MenHtric,  Kiilglit, 
Master  of  Requoata  to  King  Jamca  VI.;  born  1580; 
knightccTlCH. 

■  12th  July,  1625,  Hereditary  I.ievlenanl,  ke.,  of  Nova 
Scotiii;  aI«o  Prcmirr  llnronet,  with 
precedency  from  -'1st  May,  1685. 
4tli  Sept.   1630,   Lord  Jllexander  of  Tuilibodie,  and 
C'hcateu  \  Viscount  of  i'/ir/in^. 

14th  Juno,    1633,    yisenunt  of  Canada   nnd    Earl  of 

Stirling. 
3()th  July,  1637,  EartofDuran. 
7th  Dec.  1639,  Charter  of  Novo-Damus. 

Privy  Councillor  und  Secretary  of  State,  1626;  Keeper  of  the 
Siffnet,  November,  1627;  a  Lord  of  Seiiaion,  28th  July,  1631. — Died 
at  Loiidun  in  February  1640,  and  buried  at  Stirling,  12th  April 
followinir. 


Janet, 

daughter  and  heir  of 

Sir  William  lOrskirc,  Knight, 

liiahup  of  Cflangow,  and 

couain-german  of 

John,  6th  Earl  of  Mar, 

Regent  of  Scotland. 


2.  A 


Ma 

marrie( 

Ko( 


1.  "N^Tilliam, 
Viscount  Canada, 
died  at  London 

(viti  patris) 

in  March,  1638, 

and   was  buried 

at  Stirling. 


=  .Marraret, 
Diiughtcr  of 
William, 

Marquis  of  Douglas, 
died  1st  Jan.  1660. 


2.  Sir  Anthony, 
Muster  of  tlie  King's  Works  in 
Sccitland,  niurried  a  daug!itcr  of 
Sir  Henry  Wardlaw,  of  I'it- 
reavic,  Hurt. — Died  at  London, 
August,  16,37,  and  was  buried 
at  Stirling. — Left  no  issue. 

.Vo  succession  to  the  honours. 


3.   flenrv, 

3d  Earl  of  Stirling, 

succeeded  liis 

nephew, 

William,  2d   Earl, 

ob.  ante 
16th  August,  1644. 


* 


Mary, 
daugliter  and 
co-iicir  of 
Sir  Peter  Vanloro, 
of  Tylchurst, 
CO,  of  Berks. 
Bart. 


F,lizaheth 
Ma.xwell, 

of 
Londonderry, 
2d  Wife. 


William, 

2nd  Earl  of  Stirling, 

died  about  May,  1640, 

aged  eight  years. 

End  of  the  Male  line 
of  the  first  Son. 


1.  Catharine,  =  Walter, 

Lord  Torpichon. 

2.  Jane. 

3.  Margaret,  r=  Sir  Robert  Sinclair, 

of  Longformacus. 


Henry, 

4th  E^rl  of  Stirling, 

ob.  1690. 


=^     Judith, 
dangliter  of 
Robert  Leo, 
of  IlinBcld, 
county  of  Ilorks. 


Jane, 

ob.  ante 

1739. 


4.  .John,       = 
Settled  in  the 
North  of  Ireland, 
ob.  1666. 


Agnes,  1st  Wife, 

daughter  and  heir 

of  Hohert  Graham, 

of  (iartmore,  Esq, 

icpresentative,  in  tfio 

second  branch,  of  the 

Earls  of  Mentoith, 

and  lineally  descended 

from  King  Robert  Bruce. 


Ai 


John, 

died  lit 

Templepatrick, 

county  ot  Antrim, 

19th  April,  1712; 

buried  at 
Newtown  Ards. 


=       Mary, 

daughter  of  the  Rev. 

Iliins  Hamilton, 

died  Juno  1st,  1724, 

aged  63  years. 

Itiiried  at 

Bangor,  co.  Down. 

Siiccf  .Mi'on  of  the  Male 
line  of  the  fourth  Son. 

* 


1.  Il'cnry, 

2.  AVi'llilim. 

1. 

Mary,    =  .  .  .  .  Phillips,  Esq. 

5th  Earl  of  Stirling, 

of  Biiifield,  Berks. 

married  Elizabeth, 

3.  Robert. 

Issue  extinct. 

widow  of  John  Iloliliy,  Esq.; 

(liiMi,  witliout  issue. 

4.  Peter. 

2. 

Judith,  =  Sir  Win.  Trumbull,  Kt 

at  Ewell  Green,  county  of 

ob.  1716. 

Suirev,  4tli  December,  1739, 

Omnes  ob.  s.  p. 

and  was  buried  at  Itiiifield. 

ante  1730. 

' V ' 

--»-v-.«-' 

3 

Jane,  ob.  s.  p. 

Janet 

only 

daught 


End  of  the  Male  line  of  the 
third  Son. 


John, 
6th  Earl  of  Stirling, 
succeeded   his  cousin, 

Henry,  5th  Earl, 
4th   December,   1T39 ; 

born  at  Antrim, 

30th  September,  1686, 

died  at  Dublin, 

1st  November,  1743. 


I.   John, 
7tli  Earl  of  Stirlinu,  di  jure, 
born  ut  Dublin,  26tli  .liinuary,  I73.V6 
died  unmarried,  29th  December,  1765. 


2.  lieiijamin, 

8th  Earl  of  .Stirling,  de  jure, 

born  at  Diililin,  lltli  .March,  1736-7 

died  uiiiuarried,  IHtli  April,  17li8. 

Last  Heir  Male  of  the  Body. 


I.  ^Lry, 

Countess  of  .Stirling,  de  Jure, 

born  lit  Dublin,  1st  Oituber,  1733; 

died  uiiniarrieil,  at  llie  Larches, 

April  28tli,  1794. 

]st  Heir  Female  of  the  last 
Heir  Male. 


Ham 

daughter 

Iliggs,  of 

of  VVorcc 

daughte 

Iliggs,  ■ 

Tc 


2.  Han 

Countess  ol'  S 

succeeded  he 

born  at  Dublin,  8th  Ji 

died  at  licr  house,  in  tl 

Worcester,  12lh  Sop 

2d  Heir  Fern 
ltt3t  Heir 


ALEXANDER, 

fltli  and  present 

EARL  OF  STIRLING  and  DOVAN. 

Heir  Male  of  the  Heir  Female, 


I  Fortunata, 

daughter  of  Signor  Giovanni 
Bartoletti,  of  Naples. 


^'.'.■a 


Alexander, 
Viscount  Canada 


Charles  Louis. 


Eugene  John. 


William  D.  S. 


John  Hamilton. 


v/a,. 


Wif. 


Ladi 
ifeofW 


t^. 


^  --4 


a  AND  DovAN,/r<»n  the  Creation  of  the  Titles  to  the  present  Time. 


IlEXANOER; 

onHtrie, 

I  Alexander  M 'Donald 

Id,  King  of  the  Isles. 


'J.  John  Alexandur, 

^From  whom  Gen'l  Alexandur 

failed  to  prove  descent.) 


Janet, 

daughter  and  heir  of 

Sir  William  lOrskiiia,  Knight, 

Disliup  of  Ulangow,  and 

cousin-Bcrman  of 

John,  (ith  Earl  of  Mar, 

Regent  of  Scotland. 


'i.  Androw  Alexander. 


Margaret  Alexander, 

married  Mr.  James  Gordon, 

Keeper  of  the  Signet. 


4.  .Tohn, 
Settled  in  the 
North  of  Ireland, 
ob.  16ti6. 


Agnes,  Ist  Wife, 

daughter  and  heir 

of  |{ol>crt  G''uliani, 

of  Gartniorc,  Esq. 

icprcsentalive,  in  tlio 

second  branch,  of  tlio 

Eiirls  of  Mcnteith, 

and  lineally  dcscenclcd 

from  King  Uobert  Uruce. 


5.  Churlos, 

nidrricd 
Ann  Dniry. 


6.  Liidovick, 
died  Ml  inliincy. 


7.  James, 

married 

Grisel  Hay. 


I    I'  I 


John,       =       Mary, 


died  lit 
Vmplcpatrick, 
uitv  ut  Antrim, 
Ith  April,  nidi 

buried  at 
ewtown  Ards. 


daughter  of  the  (lev. 

Huns  Hamilton, 

died  Juno  Ist,  1734, 

agi  il  (13  years. 

Ituried  at 

Bangor,  co.  Down. 

.SiifCM.'iion  oflhf.  Male 
lint  of  llie  fourtti  Hon. 

* 


Janet, 

only 

daughter. 


Charles, 

(lied 

without  issue. 


1.  Jane, 

2. 
3 


(Isl 

ian 


Ist.  Hugh,  Viscount  Montgomery, 

of  the  Ardes. 
2nd.  Major-General  Munroe. 

Mary,  =    Sir  William  Murray,  Baronet. 

Elizabeth, 
died  unmarried. 


Margaret, 
ob.  s.  p. 


Ct. 


John, 
GlhEarl  of  Stirling, 
succeeded   his  cousin, 

Henry,  ,5th  Earl, 
4th   December,   IT.TJ  ; 

born  at  Antrim, 

30th  September,  lfi8G, 

died  at  Dublin, 

1st  November,  1743. 


Stirling,  (le  jure, 
1st  Ociclicr,  1733; 
I,  at  the  Larches, 
>nth,  17'J4. 


:         Hannah, 

daughter  of  the  Kev.  John 
lliggs,  of  Chadwich,  county 
of  VVorcester,  great-grand- 
daughter of  Dr.  GrilTith 
Higgs,  Dean  of  Lichfield, 
Temp.  Car.  L 
ob.  1768. 


1.  Mary, 
died  umarricd. 

2.  Elizabeth,  =:  John  Mee  Skinner,  Heq. 


Vmn/i;  of  the  last 
ir  Male. 


2.  Hannah, 
Countess  of  Stirling,  ite  jure, 
succeeded  lior  sister,  17!t4; 
born  at  Dublin,  Hth  January,  1740-1 ; 
died  at  her  house,  in  the  College  (ireen, 
Worcester,  12th  September,  1814. 

2(i  //fir  Fniuile  of  the 
last  lltir  Male. 


William  Humphryu, 

of  the  Larches,  county 

of  Warwick,  Esq., 

died  at  Verdun,  in  France, 

Ist  May,  1807. 


30VAN. 

male. 


D.  S. 


I  Fortunatn, 

daughter  of  Signor  Giovanni 
Burtoletti,  of  Naples. 


hnili 


John  Hamilton. 


Lady  Angela  £., 
Wife  ofW.  W.  Pearson,  Esq. 


